Requesting your personal information under the Data Protection
Act
Who can request information under the Data Protection Act?
The Data Protection Act 1998 gives you (the Data Subject) the
right to apply for a copy of information about yourself. You may,
if you so wish, appoint someone (an agent) to apply on your behalf
(such as your parent or a solicitor).
How do I make a request?
Your request is called a 'Subject Access' request and must be
made in writing. You can submit your request by fax or by mail, or
using our online form.
Your request must include:
- your name
- your address
- a description of the information you wish to obtain
- details of the service(s) you are receiving and any other
information (such as date of birth, rent or council tax number)
that could help the Council find your information
To ensure confidentiality, we will need evidence which
confirms your identity. A copy of a photo id, and proof of
your address such as, driving licence or passport, and a
energy bill would be acceptable. We keep all information
securely, and in accordance with the Data Protection Act.
If you are making a request on behalf of someone else,
please include proof of their permission for you to do so, or
provide evidence of a power of attorney, court order, or health
professional evidence that they are unable to provide consent.
What can I ask for?
The Council cannot and is not, by law, obliged to comply with a
Subject Access request on the basis of "What does the Council hold
about me?" The Council does not have to respond to broad requests
for information.
Please be as specific as possible and ensure that the
description of the information you require is clear and detailed to
enable us to find the personal information you are seeking.
If we do not have enough information in order to locate what you
are seeking, we may come back to you with more questions. Please
help us to help you.
What happens when I make a request?
When the Council receives a request for information, we must
respond as soon as possible, and not later than 40 calendar days
after receiving your request.
Once your request has been received, the Data Protection Team
will liase with the appropriate area of the Council that holds the
information you have requested. The information will be reviewed to
establish what information you are entitled to under the Data
Protection Act.
Information which identifies other people will not be released,
unless they have given their permission.
What does it cost?
Although entitled by the Data Protection Act to charge a £10
fee, Council policy is to provide access to personal information
free of charge.
What happens if some or all of my request is refused?
The Council is permitted to withhold information if it falls
under one of the exemptions in the Act. If you are unhappy with the
decision, you can write to the Information Commissioner to request
a review of that decision.
How many requests can I make?
The Council is not obliged to respond to vexatious or repeated
requests. This may include repeated requests from the same person
for the same information, or requests which are intended to disrupt
the Council's work.
What if I think I have not been given all of the information I
asked for?
You can appeal to the Information Commissioner. The
Commissioner's staff will look into the matter on your behalf.
What do I do if my information is incorrect?
You must write to the Council telling us what information is
incorrect and asking for it to be corrected. We must tell you what
we have done within 21 days of receiving your request. If the
Council does not agree that the information is incorrect, you can
ask us to record your disagreement on your records. You can also
appeal to the Information Commissioner or to the courts if the
Council does not correct the information.
Contact information
Making a complaint
If you are unhappy with the way your subject access request has
been handled you may use the Council's internal complaints process.
Information about the internal complaint process is on the page
Comments and Complaints.
Following this review, should you still be unhappy with how your
information request has been handed, you have a further right to
appeal to the Information
Commissioner who is responsible for ensuring compliance with
the Data Protection Act.