Electoral Services: Privacy notice
Who we are
RBWM Council
Electoral Services
Town Hall,
St Ives Road,
Maidenhead,
SL6 1RF
Email: Electoral.Registration@rbwm.gov.uk
The lawful basis for processing personal information
General Data Protection Regulation Article 6(1)(e) – processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
The Electoral Registration legal obligation or public task is covered under various laws includes (and not limited to):
Local Government Act 1972
Representation of the People Act 1983
Political Parties, Elections and Referendums Act 2000
The Local Elections (Principal Areas) (England and Wales) Rules 2006
The Equality Act 2010
Localism Act 2011
Electoral Registration and Administration Act 2013
The Immigration Act 2016
Elections Act 2022
How we collect your personal information
The Electoral Registration Officer (ERO) and Returning Officer (RO) are data controllers who collect and use information about residents to enable them to perform specific functions for they are statutorily responsible.
The Electoral Services unit carries out those duties on behalf of the ERO and RO. Our lawful basis for processing your information is governed by electoral law and outlined in the Representation of the People Act 1983, Local Government Act 1972, Electoral Registration and Administration Act 2013 and The Elections Act 2022. We also rely on the UK General Data Protection Regulation Article 6(1)(e) – processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
We keep records about potential and actual electors, voters, citizens, candidates and their agents, staff employed at an election and the people we need to pay.
We are entitled to inspect local records to identify new electors who should be registered to vote in our local area. This power is vested in Regulation 35 of the Representation of the People Regulations 2001. The council’s Revenues and Benefits department regularly shares information with us about new council tax payees so that we can invite these individuals to register to vote if they meet the eligibility criteria.
You can find further information on the Register to Vote website: Privacy notice – Register to vote – GOV.UK
What type of information is collected from you
- Your name, address, date of birth and nationality.
- Whether you are aged over 76 or under 18.
- Unique identifiers. For example, your NI number and date of birth.
- Signatures from absent vote applications for verifying returned ballot papers at an election.
- Scanned application forms and correspondence.
- Information about any relevant circumstances you have told us about.
- Your previous or any redirected address(es).
- Other occupants in your home.
- Whether you have chosen to opt out of the Open (edited) version of the Register of Electors.
- Photographs supplied for Voter Authority Certificates and Anonymous Elector Documents.
How we use your personal information
The Electoral Registration Officer and Returning Officer need to process your personal data in order to prepare for and conduct elections.
The ERO is responsible for the publication and maintenance of the Register of Electors. We will, based on your nationality, include your name on the Register of Electors so that you are able to vote.
The Register of Electors is a public document, in force for twelve months, which can be viewed by appointment only under strict control. A copy of the register is stored at the Royal Borough’s public libraries in Maidenhead, Windsor and Ascot. Your details remain on the electoral register for the twelve months it is in force until a revised electoral register is published for the following year.
Archived copies of the electoral register are kept permanently and securely in the Royal Borough’s public libraries for research and historical reference purposes. Your details will be kept and updated in accordance with our legal obligations and in line with statutory retention periods and the periods in our retention schedule.
It is important that our records are accurate and up-to-date as they will help make sure that our staff are able to provide you with the help, advice or support you need.
Occasions when your information needs to be shared include:
- with our printers and software providers, to compile and manage the electoral register, to print your poll cards, postal vote packs, and other electoral material;
- with registered political parties, elected representatives, candidates, agents and other permitted participants who can use it for electoral purposes only;
- with Credit reference agencies, the British Library, UK Statistics Authority, the Electoral Commission and other statutory recipients of the Electoral Register;
- details of whether you have voted (but not how you have voted) with those who are entitled in law to receive it after an election;
- where the health and safety of others is at risk;
- when the law requires us to pass on information under special circumstances, crime prevention or the detection of fraud as part of the National Fraud Initiative.
We are required by law to report certain information to appropriate authorities – for example:
- where a formal court order has been issued;
- for the prevention or detection of a crime;
- to the Jury Central Summoning Bureau indicating those persons who are aged 76 or over and are no longer eligible for jury service.
Who has access to the information about you
- RBWM Elections Team.
- Our Electoral Management System (EMS) is delivered by a third-party organisation named Democracy Counts Limited who are contracted to work for RBWM Council as a data processor.
- The Open (edited) Register.
If your details are in the Open (edited) version of the Electoral Register, your name and address can be sold to third parties who may use it for any purpose.
The law requires that we make the Open (edited) Register available for sale.
You can opt out of The Open (edited) register at any time by emailing mailto:electoral.registration@rbwm.gov.uk.
Who we may share your information with
Information held on electoral registers are managed by RBWM Council’s electoral registration officers who maintain personal information held on; 1) Full electoral register and, 2) Open (edited) register.
The full register is published once a year and is updated every month and can only be supplied to the following people and organisations:
- British Library
- National Library of Wales
- National Library of Scotland
- Returning Officer for local government election
- UK Statistical Authority
- The Electoral Commission
- Parliamentary Boundary Commission for England
- Local Government Boundary Commission for England
- Jury Central Summoning Bureau
- Elected Representatives (MPs, MEPs, Local Councillors, Parish Councillors, Combined Authority Mayor)
- Police and Crime Commissioner
- Candidates standing for election
- Local constituency parties
- Registered political parties
- The Council who appointed the ERO
- Parish councils
- Police and crime enforcement agencies
- Public Library or local authority archive services
- Government departments or bodies
- Credit reference agencies
- National Fraud Initiative
- We also share your information with our software providers and contracted printers.
Members of the public can inspect the full electoral register; inspection of the register takes place under supervision.
Extracts from the register can only be taken by hand written notes.
Information taken must not be used for direct marketing purposes, in accordance with data protection legislation, unless it has been published in the Open Register.
It is a criminal offence should you fail to observe these conditions and carries a penalty of up to £5000.
The Open Register contains the same information as the Full Register, however it is not used for elections or referendums.
The Register is updated and published every month and can be sold to any person, organisation or company for a wide range of purposes including; organisations checking names or address details, direct marketing firms and also online directory firms.
You can choose to have your personal details added to or opt out of, the Open Register. Your personal information will be included unless you request to opt out.
Removing your details from the Open Register does not affect your right to vote.
How long we store your information
The Register of Electors is a public document which remains in force for twelve months. The Register can be viewed by appointment only under strict control.
A copy of the Register is stored at RBWM public libraries in Maidenhead, Windsor and Ascot.
Your personal information remains on the Electoral Register for the twelve months whilst in force until a revised Electoral Register is published for the following year.
Archived copies of the Electoral Register are kept permanently and securely in RBWM public libraries for research and historical reference purposes.
Your personal information is stored and updated in accordance with our legal obligations and retention schedule.
Further information
If you would like to know more about how we use your information or inform us of a change to your personal information, please contact us using the details above.