The law gives you a number of rights:
Asking for information about yourself
You have the right to ask for all the information that we have about you.
However, we cannot give you information if the record includes:
- Confidential information about other people; or
- Information that a professional believes would cause serious harm to the physical or mental welfare of yourself or someone else; or
- If providing the information would prevent us from preventing or solving a crime
Request information about yourself
Up to one month is allowed to respond to requests; however, this could be extended by up to a further two months if the application is bulky or complex.
Asking us to correct information that you believe is incorrect
You should inform us if you believe that information about you is incorrect.
It may be possible that we will be unable to change or delete the information on every occasion but we will correct anything that is factually incorrect.
Up to one month is allowed to respond to requests; however, this could be extended by up to a further two months if the application is bulky or complex.
Ask us to delete information (right to be forgotten)
You may ask us to delete your information where there is no good reason for us to continue to hold on to it, for example:
- Where your personal information is no longer needed
- Where you have withdrawn your consent
- Where your information has been used illegally
- Where there is a legal requirement to delete the information
- Where you have objected to the processing of your information
- Where data has been collected as part of an on-line service for children (uploading an app or social media)
We cannot delete your information where:
- The law states that we must keep it
- It is used for freedom of expression
- It is used for public health purposes in the public’s interest
- It is used for research or statistical purposes
- It is necessary for legal claims.
Asking us to restrict the use made of your personal information
You have the right to ask for this where:
- You have found that information about you is incorrect and you have informed us
- You have objected to processing and we need time to determine whether our basis outweigh the rights of the individual
- We do not have a legal right to use the information but you wish us to restrict the use rather than delete it completely
- We do not have any reason to retain it but you need it to establish, execute or defend a legal claim
- Up to one month is allowed to respond to requests; however, this could be extended by up to a further two months if the application is bulky or complex.
Asking us to move your information to another provider (data portability)
You have the right to ask for your personal information in a common format or for it to be given to another service provider.
However, this can only happen if:
- We use your information with your permission or through a contract
- The processing is done automatically (by a computer)
It is unlikely that data portability will apply to most of the Council's services.
Objecting to the processing of information
You have the right to object under the following circumstances:
- We have processed your information on the basis of legal interests or an official public/authority task;
- Where there is public marketing;
- For processing due to research or statistics
We will comply with the request unless:
- There are strong, legal reasons for processing
- There is a need to establish, execute or defend legal claims.
Claims in relation to automated decisions and profiling
You have the right to ask for an explanation about any decisions made by a computer (i.e. decisions without any intervention by an individual).
You can query any decisions made by a computer about you, unless this needs to be done for a contract, there is a legal requirement, or you have given your permission for this to happen.
It is also possible for you to object to any 'profiling', namely when decisions are made about you that are based on your personal information, e.g. health condition.
We will inform you if we use your personal information to profile you.