NALC action on General Data Protection Regulations (GDPR)

Moves to Remove the Need for a Data Protection Officer

Our national association has been lobbying hard for proportionate GDPR requirements that work for local councils especially for small councils and parish meetings. In particular, NALC has been in discussions with the Government over the requirement for a Data Protection Officer.

The Government has tabled an amendment to its own Data Protection Bill to exempt all parish and town councils and parish meetings in England and community and town councils in Wales from the requirement to appoint a Data Protection Officer (DPO) under the General Data Protection Regulation. MPs accepted the Government amendment which now must be considered by the House of Lords. NALC do not expect this amendment to be reversed.

We will of course keep you updated but it is vital that councils continue to prepare for compliance with the rest of the GDPR requirements as set out in NALC’s GDPR toolkit and numerous legal briefings which are available in the members area of the NALC website. Once the Bill has received Royal Assent, NALC will be reviewing and updating as necessary the toolkit, legal briefings and model standing orders.

For details on the NALC password and user id, please refer your clerk to the DAPTC website and look up the Legal Topic Notes section.

 

DAPTC LGR survey – please give your Council’s views

The Chairmen of the DAPTC Area Committees have written to all Chairmen and Clerks of the DAPTC member councils with a simple survey.  If you are unaware of these letters, please contact your Clerk for a copy.

The DAPTC Executive Committee is aware that LGR is causing concern for some of our members, particularly about future service delivery.

Given the very limited time available to create the new unitary authorities, it is almost certain that the devolution of services (possibly together with assets) to parish and town councils will not occur by April 2019.  The priority for establishing a new authority will be to make sure it is legally constituted and able to deliver safely its statutory responsibilities such as education and social care from day one. 

As a new authority it will have new ways of operating and it will need, over its first couple of years existence, to decide how its discretionary services could be delivered and who by.  It will also need to consider some form of local decision making given the large and diverse area it will cover.  What is certain is that parish and town councils will still exist as the tier of local government closest to communities

DAPTC believe it is important for its members that the association be involved at an early stage in the design of how and by who, services should be delivered and of the structure of local decision making.  The DAPTC Executive Committee are working towards a vision of what town and parish councils would like to see in these areas under a unitary authority.

The Area Chairmen’s letters, which were emailed on 30 April, are asking for each council to respond to two questions on LGR:

a. What services you feel should realistically be retained – no need to identify who would provide and pay for them

b. How your council would like to see local decision making operate, including communications.

The Area Chairmen’s letters, which were emailed on 30 April, are asking for each council to respond and a form for each question has been issued with the letters.

Please could the forms be completed on behalf of each council and sent to the DAPTC office, preferably by 20 May, in time for the DAPTC Executive Committee on 2 June. If that is not possible, then as soon as you are able would be appreciated. 

More information on LGR can be read at /DAPTC-Web/local_government_review_lgr-7156.aspx