Keeping you in control – understanding your rights around your personal information
The law gives you a number of rights to control what personal information is used by us and how we can use it.
Your right to be informed
You have a right to be informed about the collection of your personal data and how it will be used. This will include why your personal data is being used, how long it will be kept for and who it will be shared with.
You can ask for access to the information we hold on you (right to see)
You have the right to access any personal data an organisation holds on you. This allows you to ask the council for the information we have about you. This is commonly known as a 'subject access request'. When we receive a request from you in writing, we must give you access to everything you have asked for, if we hold it. This applies to personal information that is in both paper and electronic records.
However, we cannot let you see any parts of your record which contain:
- Confidential information about other people.
- Data likely to cause serious harm to your or someone else's physical or mental wellbeing.
- Information that, if provided, may stop the prevention or detection of a crime.
If you cannot ask for your records in writing, we will make sure there are other ways for you to make a request. If you have any queries about access to your information, please contact our Data Protection Officer.
We will answer your request within one calendar month of acknowledgement (we may need further information from you to clarify your request, expectations and identity to ensure we provide what you need and only to you or a third party you have authorised).
There is no charge for accessing your information and where possible we will provide it to you in an electronic format unless your request another format.
You can ask to change information you think is inaccurate
You have a right to have any personal data corrected if it is inaccurate. You should let us know if you disagree with something written on your file.
We may not always be able to change or remove that information, but we will correct factual inaccuracies and may include your comments in the record to show that you disagree with it.
Please contact the Data Protection Officer to inform us of any inaccuracies.
You can ask to delete information (right to erasure)
In some circumstances you can ask for your personal information to be deleted, for example:
- where there is no current legal reason for the use of your information;
- where your personal information is no longer needed for the reason it was collected in the first place;
- where you have removed your consent for us to use your information (and we have no other legal reason to use it);
- where deleting the information is a legal requirement;
Where your personal information has been shared with others, we will take steps to make sure those using your personal information comply with your request for erasure.
Please note that we cannot delete your information where:
- we are required to have it by law,
- it is there for public health purposes,
- it is for, scientific or historical research, or statistical purposes where it would make information unusable,
You can ask to limit what we use your personal data for
You have the right to ask us to restrict what we use your personal information for where you have identified inaccurate information, and have told us about it.
When information is restricted, it cannot be used other than to securely store the data and with your consent to handle legal claims and protect others, or where it is for important public safety in the UK.
Where restriction of use has been granted, we will inform you before we carry on using your personal information.
You have the right to ask us to stop using your personal information for any council service. However, if this request is approved, this may cause delays or prevent us delivering that service.
Where possible we will seek to comply with your request, but we may need to hold or use information because we are required to by law.
You can ask to have your information moved to another provider (data portability)
The right to data portability allows you to ask us for your personal information to be given back to you or another service provider of your choice in a commonly used format. This means you can move, copy or transfer personal data easily from one IT system to another.
However, this only applies if we are using your personal information with consent or as part of the performance of a contract we have with you (not if we are required to use your data by law). It is likely that data portability will not apply to most of the services you receive from us.
Your right to object and your rights around automated decisions and profiling
You have the right to object to the processing of data based on your interest for use in profiling, direct marketing or research purposes.
You can ask to have any computer made decisions explained to you, and details of how we may have 'risk profiled' you.
You have the right to question decisions made about you by a computer, unless it is required by law, or you have consented to it.
You also have the right to object if you are being 'profiled'. We only use your personal information to profile you with your express consent, in order to deliver the most appropriate services to you.
If you have concerns regarding automated decision making, or profiling, please contact the Data Protection Officer who will be able to advise you about how we are using your information.
The council's Data Protection Officer is responsible for all data protection issues. If you wish to complain about how we have handled your data you can contact our Data Protection Officer who will conduct an independent investigation on your behalf.
If you are not satisfied with our response you may submit a formal complaint to the Information Commissioners Office.
- How we use your personal information
- Why do we collect information about you?
- What information do we collect and hold about you?
- Who do we share your information with, why and how?
- How we will keep your information accurate and up to date
- Prevention and detection of crime and fraud
- How we will keep your information safe
- Your privacy at the heart of everything we do
- How we store your information
- How long we will keep your information
- Keeping you in control – understanding your rights around your personal information (you are here)
- Who to contact
- Service Specific Privacy Notice