Derbyshire County Council didn't break the law by reading councillors' emails without their consent

An independent investigation has found nothing unlawful in Derbyshire County Council’s practice of reading councillors’ emails without consent, however the authority is still reviewing its processes after admitting greater transparency is needed.
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The council referred itself to the Information Commissioner’s Office (ICO) in November last year after Lib Dem leader Councillor Ed Fordham complained officers were accessing his emails without his knowledge.

The ICO has now confirmed that no ‘personal data breach’ has occurred.

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A council spokesperson said: “The Information Commissioner’s Office found there was no case to answer and was satisfied that the council has policies and procedures in place regarding personal data.

Councillor Ed Fordham had complained about Derbyshire County Council reading his emailsCouncillor Ed Fordham had complained about Derbyshire County Council reading his emails
Councillor Ed Fordham had complained about Derbyshire County Council reading his emails

“They also found that the council has a lawful basis to allow emails to be accessed to provide support to councillors.”

They added: “We have been having dialogue with councillors to agree the nature and extent of the administrative support provided to enable them to carry out their public duties effectively and will do so each time a new councillor is elected.”

Coun Fordham said he has spoken with Chief Executive Emma Alexander about the issue and that they have come to a ‘mutual consensual agreement’ over the matter.

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He commented: “Councillors do now have the right to effectively limit who has access to our email and what they have access for.

“So I’m happy for them to have legal access, but I don’t want them to monitor my emails.”

He gave the example that if he was going away, we would ask an officer to look at his emails in his absence.

When the Derbyshire Times broke the story, the council had already run an internal investigation into the matter, which concluded there was nothing illegal in what it was doing, but admitted greater transparency was needed.

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Coun Fordham said: “There is a mutual agreement with myself and the chief executive that this could all have been done better from both sides and it will be done better moving forwards.”

Derbyshire County Council had earlier reveled that it employs 11 secretaries, personal assistants and members’ support officers at a combined cost of £213,000 a year to carry out administrative work and other duties on behalf of councillors.