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City of York Council Returning Officer Privacy Notice

City of York Council (CYC) current data protection notification is registered with the Information Commissioner’s Office (ICO) – reference Z5809563. We regularly review this privacy notice, and it was last updated in December 2024.

The Returning Officer is a Data Controller registered with the information Commissioner’s Office, reference ZB337871, and the current Returning Officer is Ian Floyd.

CYC is committed to ensuring that personal data is handled in accordance with the principles set out in data protection legislation and guidance from the Information Commissioner’s Office (ICO).

This privacy notice tells you what to expect when we collect personal information about you. It applies to:

  • (Acting) Returning Officer (as Electoral Registration Officer) for UK Parliamentary elections
  • Returning Officer for City of York Council wards and all parishes within City of York Council area
  • Counting Officer for Referendums, including Neighbourhood Planning Referendums and National Referenda
  • Local Returning Officer for the Combined Authority Mayoral election, responsible for running this election at a local level

You can contact the Returning Officer at:

City Of York Council
West Offices
Station Rise
York
YO1 6GA

Or you can contact the Returning Officer on email: electoral.services@york.gov.uk.

The Returning Officer liaises and works with the council’s Data Protection Officer and if you have any questions about this Privacy Notice you can contact the council’s Data Protection Officer.

This privacy notice should be read in conjunction with other relevant CYC privacy notices and/or policies and procedures.

When appropriate we will provide a ‘just in time’ notice to cover any additional processing activities not mentioned in this privacy notice.

How we collect your information

We get information about you from the following sources:

  • directly from you
  • from your election agent or other appropriate persons or organisation acting on your behalf

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What personal data we process and why

To be able to stand as a candidate at an election, you are required by law to provide the Returning Officer with personal data and special categories of personal data such as :

  • candidate full name(s)
  • candidate commonly used name(s)
  • candidate date of birth
  • candidate full home address
  • party name
  • candidate signature
  • candidate qualification(s)
  • subscribe name(s), signature(s) and elector number(s)
  • witness personal information including signature
  • candidate consent to nomination
  • certificate of authorisation (party candidates)
  • name, address, office address and signature of appointed election agent
  • counting agents and polling agents’ details
  • statement of person(s) nominated for each ward
  • criminal convictions and offences (including alleged offences)

The Returning Officer has a statutory duty to process personal information for the purpose of administering an election. This includes:

  • publishing the notice of election
  • administering the nomination process
  • printing the ballot papers
  • publishing the notice of poll, statement of persons nominated, notice of situation of polling stations and notice of election agents
  • the provision of polling stations
  • appointing Presiding Officers and Poll Clerks
  • managing the postal voting process
  • verifying and counting the votes
  • declaring the result
  • notice of poll
  • production and issue of poll cards
  • waivers
  • election notice(s)
  • absent voter application forms
  • postal voting statement
  • postal vote rejection notices

We may use the information we collect in presentations, statistics and reports. Any presentations, reports and statistics for publication or use outside of the authorised council staff will be anonymised and cannot be linked back to you or individuals. Reports containing anonymous information may also be shared with the general public and other organisations.

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Automated decision-making

There is no automated decision making in the processing by the Returning Officer.

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Collecting information automatically

Please see our Cookies Policy for further information about the information we collect automatically when you use our website.

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Children’s information

Where we provide services directly to children or young people, the information in the relevant parts of this notice applies to children and young people, as well as adults.

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Lawful basis for processing your personal data

Any personal data including special category data and criminal offence data that we process about individuals is done so in accordance with Article 6 and 9 and 10 of the UK GDPR and Schedule 1 of the Data Protection Act 2018 (DPA 2018).

Article 6(1)

  • (c) Legal obligation:the processing is necessary for the council to comply with the law (not including contractual obligations).
  • (e) Public task:the processing is necessary for the council to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law.

Article 9(2)

  • (b) Employment, social security and social protection (if authorised by law)
  • (g) Reasons of substantial public interest (with a basis in law)

This is supported by Schedule1, Part 2 (6) of the Data Protection Act 2018 and the following legal framework:

Where we process personal data relating to criminal convictions and offences, this is also under Article 10 UK GDPR that covers processing in relation to criminal convictions and offences or related security measures. In addition, section 11(2) of the DPA 2018 specifically confirms that this includes personal data relating to the alleged commission of offences, or proceedings for an offence committed or alleged to have been committed, including sentencing.

Some of the Schedule 1 conditions for processing special category and criminal offence data require an Appropriate Policy Document (APD) to be in place, which sets out and explains the procedures for securing compliance with the principles in Article 5 and policies regarding the retention and erasure of such personal data. This document explains this processing and satisfies the requirements of Schedule 1, Part 4 of the DPA 2018 and supplements this privacy notice

Our Appropriate Policy Document provides further information about this processing.

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How long we keep your personal data

We will only keep your information for as long as it is needed then it will be securely and confidentially deleted or disposed of.

You can find more details about how long the council keeps records in the Council retention schedule

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Data sharing

We will only share your information where it is appropriate to, with:

  • other council services
  • other local authorities
  • third parties such as our data processors, partner organisations, candidates, political parties and credit reference agencies.
  • government agencies
  • internal and external auditors

In some circumstances, such as under a court order or safeguarding, we are legally obliged to share information.

We will always satisfy ourselves that we have a lawful basis on which to share the information and document our decision making.

Additionally, we are required under the Public Records Act 1958 (as amended) to transfer records to the City or National Archives (TNA) for permanent preservation. Full consideration will be given to Data Protection and Freedom of Information legislation when making decisions about whether such records should be open to the public.

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Data processors and/or third parties

Where we have third parties providing parts or all of our services for us, we have contracts in place with them. These are listed below

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Transfers of personal data

We don’t routinely transfer personal data outside of the UK but when this is necessary we ensure that we have appropriate safeguards in place and that is done in accordance with the UK data protection and privacy legislation.

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How we protect your information

We're committed to keeping your information safe and secure. There are several ways we do this, such as:

  • IT security safeguards such as firewalls, encryption, and anti-virus software
  • on-site security safeguards to protect physical files and electronic equipment
  • training for all staff and elected councillors
  • policies and procedures

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Your rights in relation to this processing

To find out about your rights under data protection law, you can go to the Information Commissioner's Office website.

You can also find information about your rights in our Privacy Notice.

If you have any questions about this privacy notice, want to exercise your rights, or if you have a complaint about how your information has been used, please contact us on email: information.governance@york.gov.uk, or on telephone: 01904 554145, or write to:

Data Protection Officer
City of York Council
West Offices
Station Rise
York YO1 6GA

You can find other useful information on the Electoral Services and Electoral Registration Officer Privacy Notice – City of York Council

And also on the Electoral Commission’s website

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Also see

Data Protection Officer

West Offices, Station Rise, York, YO1 6GA

Telephone: 01904 554145

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