Data Subject Rights – Your Information

Why does the Council hold information about me?

We may hold information about you for a number of reasons but this is primarily so that we can provide you with the services you require. We may also use your information to plan and improve our services, and so that we can keep in touch with you. We have to protect your personal data and we don’t share it with other organisations without your consent, unless we are required to do so by law.

The Council has to comply with data protection laws which exist to make sure your personal data is legally and fairly processed.

You have the right to be informed about why we have your data and how we are using it. We issue privacy notices to provide you with information about how your data will be used. The information contained in the privacy notice will vary slightly depending on the reason for collecting or using your personal data.

We will endeavour to provide this information at the time your data is collected and it will normally be on our website, in a leaflet or a poster, but may also be given verbally.

Data protection law requires us to respect your right to have access to your personal data as well as information about how and why we are processing it and who we may have shared it with. These requests are usually referred to as Subject Access Requests.

Ordinarily there will be no fee for providing this information. However, we would charge a fee for repetitive or duplicate requests. Any fee will be based on how much it costs us to provide the information and this will be discussed with you at the time of making the request.

Occasionally, if we consider a request to be unfounded (e.g. you already have the information or we definitely don’t have it) or excessive, we may decide to refuse it. In this case we will provide a full explanation with information about your right to complain to the Information Commissioner’s Office (ICO) and other courses of action which are open to you. We will advise you of a refusal to respond to your request within one month of receiving it.

We will aim to respond to all requests within one month of receipt. If we consider your request to be ‘complex’, or if you submit multiple requests, we may extend the response time but this will also be discussed with you as soon as possible after receiving your request and definitely before the end of the first month.

If we hold a large quantity of personal data about you we may need to ask you to be more specific about the area your request relates to so that we can more easily access the information you are looking for.

We will require proof of identification and, for access to children’s records, proof of parental responsibility.

For more information and guidance about acceptable forms of identification please view our Subject access requests page.

 

If any of your personal data is inaccurate or incomplete you are entitled to ask for it to be rectified.

If you believe certain data to be incomplete we will look at this in the context of why we are processing the information and will take necessary steps to supplement the information we hold in order to make it complete.

If any of the data we hold about you is found to be inaccurate or incomplete we will aim to rectify your data within one month of receipt.

 

You have the right to be forgotten, or it is also known as the right to erasure.

This right allows individuals to request that their personal data is deleted where there is no justification for its continued use.

It is important to understand that this right only applies in certain circumstances, if you believe you have a good reason to request erasure of your data please complete the form below.

We will respond to all requests sensitively and as quickly as possible. We will aim to respond to all requests within one month of receipt. If we consider your request to be ‘complex’, or if you submit multiple requests, we may extend the response time but this will also be discussed with you as soon as possible after receiving your request and before the end of the first month.

We will give full consideration to all requests and, in particular, those relating to children’s personal data, regardless of your age when you submit a request for the right to be forgotten (the right to erasure).

 

It may be possible in certain, specific, circumstances to restrict the processing of your data.

We will stop processing your data and will do no more than store it

  1. Whilst establishing accuracy of data, if you have contested this
  2. Whilst we follow up any objection you have raised to us processing your data.
  3. When your data has been processed unlawfully but you do not want us to erase it and have asked, instead, for us to restrict processing of the data.
  4. When we no longer need the data but you have advised us that you need it in connection with a legal claim.

We will advise you when we decide to remove a restriction on processing your data.

We may refuse to restrict the processing of your data if:

  1. The processing is necessary for the Council in connection with a legal claim
  2. It is necessary for the protection of another person
  3. There are substantial public interest reasons for continuing to process the data. You can request a restriction by completing our Personal Data Processing Request form below.

There are some situations when you have a right to not only see the data we hold on you but also to transfer it to another organisation, if you wish. This will only apply, however, when:

  1. You have supplied the data yourself and provided consent for the processing; or
  2. The data is being processed as part of a contract which you are a party to; and
  3. The data is held electronically (not in paper files)

If you wish to make a request to exercise this right, please complete our Personal Data Processing Request form below.

You have the right to object to your information being processed in the following circumstances:

  • If the legal justification we have outlined is that processing is necessary either to a) perform a task carried out in the public interest or b) as part of the organisations official authority or legitimate interest and you feel this is not applicable.
  • In the case that we retain your information in defence or potential defence of a legal claim but you believe there are insufficient grounds to do so.

You also have a right to object to your data being used for direct marketing purposes at any time and we must cease processing for this purpose. Examples of direct marketing conducted by the Council might include distribution of leaflets, where you are the addressee, providing information on services that might be relevant to you.

Where we use IT systems to make automatic decisions based on your personal data e.g. calculate your eligibility to receive a service, unless an exemption applies, you also have a right to object in certain circumstances.

Where we are using your data for research purposes you have the right to object unless the research is being undertaken in the wider public interest and which outweighs your right to privacy.

We must respond to your objection within 1 month (for complex requests, this response may be to notify you that a 3 month deadline for addressing your objection will apply).

To make any of the objections above, please complete our Personal Data Processing Request form below.

To make any of the objections above, please complete our Personal Data Processing Request form.

Should you have any further queries on the uses of your information, or to complain about the use of your information, please email informationgovernance@wealden.gov.uk

Information Commissioner’s Office

You can also contact the Information Commissioner’s Office (ICO) for further information:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

Telephone: 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use a national rate number.

Email:  casework@ico.org.uk