You can ask for access to the information we hold on you
We would normally expect to share your information with you whenever we assess your needs or provide you with services. However, you also have the right to ask for all the information we hold about you. This is known as a subject access request. When we receive a request from you either verbally or in writing, we will review the records held and respond to you within one month.
Please note some information within records held about you may be exempt such as
- Confidential information about other people
- Information that may cause serious harm to your or someone else's physical or mental wellbeing
- Information that would prejudice crime or taxation
- Information relating to legal proceedings or court records
- Information relating to negotiations with you
- Certain information relating to employees such as management planning and confidential references.
You can ask to change information you think is inaccurate
You should let us know if you disagree with something in our records about you.
We will correct factual inaccuracies and where this is not possible we may include your comments in the record to show that you disagree if necessary.
You can ask to withdraw consent previously given
Where we have previously had your consent to use your personal information, you have the right to remove your consent at any time.
You can ask to delete information (right to be forgotten)
In some circumstances you can ask for your personal information to be deleted, for example:
- Where your personal information is no longer needed for the purpose it was collected
- Where you have removed your consent for us to use your information (where there is no other legal reason for us to keep it)
- Where deleting the information is a legal requirement
- Where we are relying on legitimate interests in processing, and there is no overriding legitimate interest to continue this processing;
- Where we have processed the personal data for direct marketing purposes and the individual objects to that processing
- Where we have processed the personal data unlawfully
Where your personal information has been shared with others, we will make sure those using your personal information comply with your request for erasure where possible. We have one month to respond to your request.
Please note we can refuse to comply with a request for erasure if we deem it manifestly unfounded or excessive. The right to erasure does not apply if processing is necessary for one of the following reasons:
- We are required to process the data by law
- It is used for freedom of expression
- It is used for public health purposes
- It is for scientific or historical research, or statistical purposes where it would make information unusable
- It is necessary for legal claims
- For the performance of a task carried out in the public interest or in the exercise of official authority
You have the right to ask us to restrict the use of your personal information
You can ask us to restrict the use of your personal information where either
- You have identified inaccurate information
- The processing was unlawful and although you do not want your information erased you want its use restricted
- You need your personal information held by us for your use of it for legal reasons, even though we have no further use for it
- You object to the processing of your personal information and we need to provide legitimate grounds for the processing
You have the right to move your automated data to another provider (data portability) and object or restrict automated decision making
You have the right to ask for your personal information to be given back to you or another service provider of your choice in a commonly used format. This is called data portability.
However this only applies to information you have provided us where we are processing the information with your consent or as part of a contract with you. The processing must also be by automated means i.e. using a computer system.
You can ask to have any decisions made by automated means to be explained to you, and to request the decision to be reviewed by a human being.
You also have the right to object if you are being 'profiled'. Profiling is where decisions are made about you based on your personal information, e.g. to predict aspects concerning your performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
You have the right to object to us using your data in connection with our public tasks or legitimate interests
Where we use your data either under our remit as a local authority or because we consider it to be a legitimate interest, you can object to this. This does not mean we are required to stop using your information, but we will consider your request taking into account your specific circumstances.
How do I make a request or exercise my rights?
If you want to access your information you can make a subject access request online or email firstname.lastname@example.org.
If you have concerns regarding the way your data is being used and wish to exercise any of the rights stated above, in the first instance you should contact the relevant department to discuss this with them. If you are unsure which department you require or you disagree with their response, please email the Data Protection Officer at email@example.com, who will be able to advise you.
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