‘QUIET WORD’ IN COUNCILLOR’S EAR NEEDS WRITTEN CONSENT FIRST
CONSENT in writing or by email will be required if you seek representation from your local councillor.
Local councillors are being advised to implement General Data Protection Regulation (GDPR) guidelines when dealing with constituents.
Councillors are currently being drilled on the new guidelines at Kerry County Council (KCC), as the custom of casually asking a local politician to make representation on your behalf becomes a thing of the past.
The training will bring councillors up to speed on new ways of working on behalf of constituents, which means that all future, off-the-cuff queries made to local councillors and TDs about planning must be made via an official letter or email.
In a nutshell: GDPR means that if you meet a councillor on the street and ask them about your planning application, the councillor is obliged to ask that you sign a piece of paper stating that you have given them permission to inspect your file in an official capacity. Once the politician has inspected the application, Kerry County Council will then write to both the applicant and politician verifying that an inspection has taken place.
Keeping the personal phone number of a constituent is also about to get trickier. For example, if a constituent calls a councillor asking them to carry out a request on their behalf then, by law, the councillor should review and delete that person’s phone number once the job is complete. Councillors are encouraged to keep personal data secure and only use an official email address to respond with constituents.
Even though some councillors are said to be in favour of the GDPR measures and have requested training, it is likely to cause frustration for people when they realise a ‘one to one’ chat about a right of way or a new road is no longer within the parameters of proper practice. Older constituents could also find it hard to get used to a more formal way of communicating with their politicians. The days of randomly writing to successful applicants and congratulating them on having secured planning is also forbidden under the guidelines.
It’s all part of the EU-led directive that came into force in May 2018 that will provide for higher standards of data protection for individuals. Moreover, there is an obligation on organisations like KCC, who process personal data, to ensure the data protection rules are adhered to. The legal basis and legitimate interest for processing personal data at KCC is included in all Planning and Development Acts, Regulations and Departmental Circulars, and Sanitary Services Acts.