Below we have given some information on the rights you have about your personal data and how to use those rights. Please note that not all your rights can be used in all situations and there are some legal reasons why your rights might not be able to be used. These legal reasons are called 'exemptions'.

If you ask us to do something with your data, we will usually reply to you within one month, but we may need three months if you ask for something that takes a long time or if you have asked for a few things. We may ask for something to help us to know for certain you are who you say you are (e.g. a passport, etc.). This is to make sure that your personal data is not given to any person who has no right to receive it.

We will not usually charge you money for using these rights; however we may charge you a reasonable fee if what you are asking has no basis in fact or would take a very long time to do, or where you are asking for more copies of what you have already asked for.

How we manage your request can be found in our Data Protection Policy and more information your rights can be found at the Information Commissioner's Office's website.

Your right to be informed

When we collect your personal data, we will provide you with a privacy notice which will tell you details about how we use your personal data, including why and how we collect and use your personal data, who we share the information with, and our lawful basis for collecting and using the information.

Your right to access your personal data (“Subject Access Request")

You have the right to find out if we are holding or using personal data about you. If we hold your personal data, you have a right to access to that personal data and some other details about our use of that personal data. You can make a subject access request online.

Your right to have your personal data rectified if it is inaccurate

You can ask us to change your personal data if you think part of it is wrong. We may not always be able to change or remove that data, but we will correct anything that is wrong if it is only factual data and we may include your comments in the record to show that you disagree with it. Where your data has been shared with others, we will do what we can to make sure that who we have shared your data with also corrects their information where they can. Please also see "Your right to ask us to restrict our use of your personal data" below, which may be useful if you have asked us to correct any personal data and we are still looking into it. You can make a rectification request online.

Your right to be forgotten

You can ask us to erase (delete) your personal data where:

  • we do not need to use it anymore
  • we only hold and use it because you have told us that we can do so and you have now told us that we cannot do so
  • we need to hold and use it to help us complete our council activities, you have objected to our use of your data (see "Your right to object to our processing of your personal data" below), and we have accepted your objection
  • we have collected or used the data unlawfully
  • we have been told by the law or other legal reason (e.g. a court order) to erase the data

Where your personal data has been shared with others, we will do what we can to make sure that who we have shared your data with also erases your data where they can.

Please note that there are some legal reasons why your right to be forgotten might not be able to be used. These legal reasons are called 'exemptions'. You can make a request to be forgotten online.

Your right to object to our processing of your personal data

You have the right to object to our use of your personal data. You can object if you believe we are using your data for either of the following reasons;

  • We must collect or use your data to follow the law
  • We must collect our use your data to help us complete our tasks carried out in the public interest or because we are officially allowed to do so as a district council.

When you object, you must give good reasons why you do not think we should use your personal data that must be specific to you, and we must stop using the data unless we can prove that we have a very strong reason for using your personal data which outweighs your interests, rights and freedoms, or we need to use the data to put together, use or defend against a legal claim. You can make an objection online.

Your right to ask us to restrict our use of your personal data

You have the right to ask us to restrict our use of your personal data so that we may only use it for reasons you have said we can use it for, for legal claims, for the protection of other people's rights, and for reasons of important public interest.

You can ask us to restrict our use of your personal data where:

  • you think some of the personal data is incorrect and we are looking into it (see "Your right to have your personal data rectified if it is inaccurate" above)
  • you have objected to our use of the data and we are looking into it (see "Your right to object to our processing of your personal data" above)
  • we have collected or used the data unlawfully but you do not want the data to be erased
  • we no longer need the data but you need it to be kept to put together, use or defend against legal claims

Where your data has been shared with others, we will do what we can to make sure who we have shared your data with also restricts their use of your data where they can. Where we have restricted our use of your data, we will tell you before we stop restricting our use of your data.

You can make a request for a restriction online.

Your right to ask us to have your personal data sent to somebody else

You have the right to ask for your personal information to be given back to you or another company or organisation of your choice who are providing a service to you. This is called data portability. The information must be presented to you in a way often used by people, such as a pdf file.

This right can only be used if we're only using your data because you have told us we can and if processing your data is carried out by automated means (i.e. by a computer).

This right will most likely not apply to most of the services that the Council provides for you. You can make a request to have your personal data sent to somebody else online.

Your right not to be subject to decision-making made solely by a machine

You have the right not to have a decision made about you based only on automated processing (i.e. decisions made by a computer) which has a legal effect on you. This includes the right to have these decisions explained to you and the right to question the automated decisions that have been made.

Your right to complain

See our complaints procedure page for details of how to complain.

As well as our own complaints procedure, if you are worried about how we have used your personal data, then you have the right to complain to the Information Commissioner's Office, by getting in contact with them:

  • Address: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
  • Telephone: 0303 123 1113 (local rate) or 01625 545 745 (national rate)
  • Website: ico.org.uk
Last updated on 26/05/2020

Contact the Data Protection team