Agenda, decisions and minutes

Prior to the formal meeting, informal discussions took place on the following substantive item:

(1)     General Data Protection Regulations

All Members of Forest Heath District Council’s Cabinet had been invited to attend St Edmundsbury Borough Council’s Offices at West Suffolk House, Bury St Edmunds to enable joint informal discussions on the report to take place between the two authorities, prior to seeking formal approval at their respective separate Cabinet meetings, immediately following the informal discussions. 

The Chairman/Leader of St Edmundsbury Borough Council, welcomed all those present to West Suffolk House.  The Service Manager (Democratic Services) and Monitoring Officerfirstly advised on the format of the proceedings for the informal discussions and subsequent separate meetings of each authority.

Under their Constitutions, both Cabinets listed as standing agenda items: an ‘Open Forum’, which provided the opportunity for non-Cabinet Members to discuss issues with Cabinet and also ‘Public Participation’, which provided the opportunity for members of the public to speak.  Therefore, as any matters arising from the discussions held during these agenda items may have some bearing on the decisions taking during the separate formal meetings, non-Cabinet Members and members of the public were invited to put their questions/statements prior to the start of the joint informal discussions.

1.       Open Forum

No non-Cabinet Members in attendance wished to speak.

2.     Public Participation

There were no members of the public in attendance.

3.       General Data Protection Regulations

(Report Nos: CAB/SE/17/047 and CAB/FH/17/046)

The Cabinets considered the above report, which sought support for the necessary action being taken to ensure the West Suffolk Councils were compliant with the new requirements of the General Data Protection Regulations.

Data Protection was currently governed by the Data Protection Act (DPA) 1998.  On 25 May 2018, the General Data Protection Regulations (GDPR) would come into effect, and replace the Data Protection Act.  Since the Data Protection Act came into force, the way that organisations dealt with and processed data had dramatically changed in an ever increasing digital world.  The GDPR sought to provide a more modern framework for the handling of personal data, increasing the safeguards provided to individuals and improve their rights to access data held by organisations about them.  Organisations that failed to comply, resulting in breaches in the way they handled data, could face significant financial penalty.

Councillors Ian Houlder and Stephen Edwards, SEBC’s and FHDC’s respective Portfolio Holders for Resources and Performance, drew relevant issues to the attention of both Cabinets, including the key differences between GDPR and the Data Protection Act, as outlined in Appendix 1 attached to the report; how the Council was responding to the changes required; and what the changes would mean for Councillors. 

Attention was also drawn to the fact that in order to ensure the Councils were compliant with the new requirements of GDPR, approval was sought for a budgetary request of £80,000, which was proposed to be allocated from existing budgetary underspends on a 50:50 basis shared between the two West Suffolk Councils, as outlined in paragraph 2.5 of the report.

A detailed discussion was held on the implications of GDPR on the Councils in general and specifically, on councillors and staff.  Emphasis was placed on ensuring suitable training of the changes was put in place for staff and councillors, together with demonstrating that robust procedures and processes were adopted to ensure compliance, particularly given that where organisations fail to comply with GDPR, maximum fines of €20million/4% turnover could be enforced.

The recommendations set out on page 1 of the report were unanimously supported by both Cabinets.

On the conclusion of the informal joint discussions at 6.56 pm and St Edmundsbury Borough Council’s Cabinet meeting, the Chairman then formally opened the meeting of Forest Heath District Council’s Cabinet at 6.57 pm in the Conference Chamber West.

Minutes of FHDC Cabinet overleaf…..

No apologies for absence were received.

(This item will be undertaken at the beginning of the informal discussions, to allow Members to consider the issues raised by the non-Cabinet members)

This item had already been considered during the informal discussions in relation to Item 4. on the agenda (Item 1. above within the notes of the informal discussions refers).

(This item will be undertaken at the beginning of the informal discussions, to allow Members to consider the issues raised by the members of the public)

This item had already been considered during the informal discussions in relation to Item 4. on the agenda (Item 2. above within the notes of the informal discussions refers).

Report No: CAB/FH/17/046

Portfolio Holder: Stephen Edwards           

Lead Officers: Alex Wilson and Leah Mickleborough

(For reference purposes, St Edmundsbury Borough Council’s Report Number is CAB/SE/17/047)

RESOLVED:

That:-

1.           Support be given for the necessary action being taken to ensure compliance with the General Data Protection Regulations (GDPR), ensuring the Council continues to maintain high standards in the holding, keeping and maintenance of personal and sensitive data.

2.           A budget allocation of £80,000 be approved to support compliance with GDPR, to be allocated on a 50:50 basis between the two West Suffolk Councils, as outlined in paragraph 2.5 of Report No: CAB/FH/17/046.

(Report No: CAB/FH/17/046)

Further to the joint informal discussions held prior to the meeting with St Edmundsbury Borough Council’s Cabinet on Report No: CAB/FH/17/046, it was proposed, seconded and

RESOLVED:

That:-

1.           Support be given for the necessary action being taken to ensure compliance with the General Data Protection Regulations (GDPR), ensuring the Council continues to maintain high standards in the holding, keeping and maintenance of personal and sensitive data.

2.                  A budget allocation of £80,000 be approved to support compliance with GDPR, to be allocated on a 50:50 basis between the two West Suffolk Councils, as outlined in paragraph 2.5 of Report No: CAB/FH/17/046.