This privacy notice is regularly reviewed and may be updated or revisited at any time. It was last updated in January 2026. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes.
- Introduction
- What personal data do we collect?
- How we use personal data
- Legal Basis for processing
- Who do we share personal data with?
- How long do we keep personal data?
- Automated decisions
- Your rights
- Data Protection Officer.
Introduction
Our core data protection obligations and commitments are set out in Wigan Council Primary Privacy Notice.
This notice provides additional privacy information for the Returning Officer.
This is a personal appointment separate to Wigan Council with its own statutory functions. They have a statutory duty to process certain personal data for the purpose of administering elections and referenda, and as such, are personally responsible for ensuring that they comply with the requirements of GDPR and are the registered ‘data controller’ with the Information Commissioners Office (ICO).
It should be noted that for many of the Returning Officer services or ‘unctions it will not be processing personal data on behalf of the Council. It will instead be processing personal data on behalf of one or more of the following statutory office holders:
- The registration officer appointed by the Council under section 8 of the Representation of the People Act 1983
- The acting returning officer for parliamentary elections for any parliamentary constituency for which that position is held under section 28 of the Representation of the People Act 1983 by the registration officer referred to above
- The returning officer appointed for the purposes of local elections by the Council under section 35 of the Representation of the People Act 1983
- The local returning officer for the purposes of the administration of European parliamentary elections within the Wigan Council local counting area
- The local returning officer for the purposes of administration of Greater Manchester Combined Authority mayoral elections within the Wigan Council local authority area
- The counting officer responsible for the administration, within the Council’s local authority area, of any local, regional or national referendum
- Any other statutory office holder whose duties relate to administering elections or referenda and whose office is held by virtue of holding one or more of the offices described above or is otherwise required by law be held by an officer of the Council.
Although when referring to the above statutory office holders this privacy notice generally only makes reference to the Returning Officer, the latter term should be understood as referring, insofar as is relevant in the circumstances, to any of the above.
Please note: the Returning Officer is a separate data controller from the Council and the Electoral Registration Officer.
What personal data do we collect?
In addition to the information provided on the Electoral Registration Officer Privacy Notice. The Returning Officer will use/process data relating to candidates, candidate’s agents and individuals subscribing candidate’s nomination papers.
Personal data will also be processed relating to staff employed by the Returning Officer (including staff employed directly by the Electoral Registration Officer). Such staff data will include an employee’s name, address, other contact details, national insurance number and bank details.
Personal data relating to individual’s making enquiries to the Returning Officer or making submissions to election-related statutory consultations will also be processed.
We also process the following Special Category Data:
- Health-related data
- Race
- Ethnicity
- Political opinions.
How we use personal data
The main purposes for processing your personal data are:
- If you apply to be an absent voter, the compilation and maintenance of records of absent voters
- Fulfilling obligations relating to the supply of absent voting lists
- For the administration of local and national elections and referenda, including in particular:
- Determining which electors are entitled to be issued with ballot papers at polling stations
- Determining which electors are entitled to vote by way of an absent vote
- Issuing poll cards to electors and to proxies
- If you are a postal voter, issuing your postal vote pack and receiving your completed postal vote and postal voting statement
- If you are a candidate at an election, processing and determining your
- Nomination papers, publishing statutory notices containing your details, producing ballot papers and managing election processes in which you will be involved
- If you are an election agent at an election, publishing statutory notices containing your details and managing election processes in which you will be involved
- If you are a counting agent, polling agent, postal vote agent, nominating officer or similar official, managing election processes in which you will be involved
- In its capacity as custodian of the Council’s copy of the electoral register, deciding how that copy may be used
- If you make an enquiry or complaint, dealing with that enquiry or complaint
- If you are employed by the Service (including staff employed directly by the Electoral Registration Officer or the Returning Officer), managing that employment.
Legal Basis for processing
The lawful basis we rely on for processing your personal data is:
- It is necessary for the performance of a task carried out in the public interest or in the exercise of official authority
- It is necessary to fulfil a legal obligation under the following:
- Local Government Act 1972
- Representation of the People Act 1983
- Representation of the People Act 1985
- Representation of the People Act 2000
- Political Parties, Elections and Referendums Act 2000
- European Parliamentary Elections Act 2002
- Local Government Act 2003
- Electoral Administration Act 2006
- Electoral Registration and Administration Act 2013
- Representation of the People (England and Wales) Regulations 2001
- Representation of the People (Combination of Polls) (England and Wales) Regulations 2004
- Business Improvement Districts (England) Regulations 2004
- Review of Polling Districts and Polling Places (Parliamentary Elections) Regulations 2006
- Local Elections (Principal Areas) (England and Wales) Rules 2006
- Local Elections (Parishes and Communities) (England and Wales) Rules 2006
- Local Authorities (Referendums) (Petitions) (England) Regulations 2011
- Local Authorities (Conduct of Referendums) (England) Regulations 2012
- Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012
- Neighbourhood Planning (Referendums) Regulations 2012
- Representation of the People (Provision of Information Regarding Proxies) Regulations 2013
- Combined Authorities (Mayoral Elections) Order 2017.
The condition we rely on for processing your special category data is:
- Reasons of substantial public interest – statutory etc and government purposes.
Who do we share personal data with?
In addition to the general reasons for data sharing described in the Council’s Primary Privacy Notice, we collect data from the following when required:
- Yourself directly. This includes where you apply to register to vote, apply to have an absent vote or put yourself forward to stand for election
- The Individual Electoral Registration Digital Service managed by the Cabinet Office for electoral registration applications
- Other individuals, such as where an individual completes a household enquiry form and includes data about another resident
- Third parties.
Publication
The Returning Officer is legally obliged to publish certain personal data (such as that relating to election candidates and election agents) in the form of public notices.
There may be additional bodies that we may from time to time need to share data with.
How long do we keep personal data?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any future legal, accounting, or reporting requirements.
We must continue to retain necessary data in accordance with our corporate records policy to fulfil legal, statutory and regulatory requirements.
Automated decisions
All the decisions we make about you involve human intervention.
Your rights
More information on how to seek advice to exercise your rights, raise a concern or complain about the handling of your personal data by the council can be found in Wigan Council Primary Privacy Notice.
Data protection officer
If you wish to raise a concern or seek clarification about any aspect of this notice, please contact our Data Protection Officer. Please provide documents to prove your identity along with a description of your concern.
We will respond to all requests within one month.
If you are unhappy with the way that we handle your concern you may complain to the Information Commissioner’s Office (ICO) (external link).
Document information
Owner: Assistant Director - Legal Governance and Elections
Author: Principal Electoral Services Officer
Version and date: V3.0 January 2026