Data Protection: Your Rights
The General Data Protection Regulation (GDPR) and Data Protection Act 2018 allow an individual (the data subject) a right of access to information held about them. The law requires us (the controller) to apply minimum standards of protection to the data and to ensure we use it only for the purpose we collected it for.
Your right of access
- To ask us what we use the information for
- To be provided with a copy of the information
- To be given details of the purposes for which we use the information
- Persons/organisations to whom the information is disclosed
- To ask for incorrect data to be corrected.
What information will I receive?
All of the personal information we hold about you on our computers and manual record systems. You will be given a description of the purposes for which we process your data, a list of those to whom we disclose the data and information about sources where this is available.
Can I see information about any other person?
You may not see information about other persons, unless they have given their consent. This includes information about members of your family. If you are a parent, or a member of an elderly person's family, you may be provided with information about your child, or the elderly person, but only where you have written permission to ask for it, or are granted powers to do so by a court and we are satisfied that such permissions are genuine.
How we will provide the information
This may be a printout of the information from a computer system, or a photocopy of your manually held record. If you have difficulty in understanding any of the contents, you may ask a member of staff for assistance.
Is there a charge?
There is no charge for making a Right of Access Request, unless requests are repeated or manifestly excessive.
How long does it take?
We must provide access to the information without undue delay, and within one month. The time starts from when we receive a clear request and enough identification to be sure that the request is from the data subject. Once we receive this information, we will contact you to acknowledge that the one-month period has started.
What do I do if the information provided is incorrect?
You should tell us that the data is incorrect and ask us to correct it. You must do so in writing. We must inform you if we have, or have not, corrected the data within 21 days of you asking us to do so. If we do not agree that the information is incorrect, you can ask us to record your disagreement on the record itself. If we do not correct the information, you may also appeal to the Information Commissioner’s Office, or the court. These organisations have the power to order us to correct data that is wrong.
How can I have inaccurate data about me corrected?
You have a right to request to have inaccurate data rectified, blocked, erased, or destroyed. This right extends to any other personal data that contains an opinion about you based on the inaccurate data.
What do I do if I think I have not received all the information I requested?
You can appeal to us through our complaints procedure, or to the Information Commissioner’s Office.
How do I exercise my right of access?
Download the right of access request form (Word: 109KB / 5 pages) if you would like to know about the information we hold about you, or about a person you are acting on behalf of.
Do I have any other rights under the General Data Protection Regulation and what are they?
In addition to the right of access, individuals also have the following rights:
- The right to be informed
- The right to rectification
- The right to erasure
- The right to restrict processing
- The right to data portability
- The right to object
- The right to withdraw consent
- The right to lodge a complaint with the supervisory authority (see below)
Contact the FOI team on the details below to exercise one of these rights.
What if I am not happy with the response to my request?
If you wish to make a complaint about the way we have responded to your request, you can have your complaint considered under the Council’s Complaints Procedure. To do this, you will need to contact the Assistant Director Governance (Monitoring Officer) in writing or by email:
Monitoring Officer
Westmorland and Furness Council
Town Hall
Corney Square
Penrith
Cumbria CA11 7QF
Email: dcls@westmorlandandfurness.gov.uk
If you are dissatisfied with the way we have handled your complaint, you may contact the Information Commissioner's Office:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Telephone Helpline 0303 123 1113
Website: https://ico.org.uk/
Do you provide help in understanding the information?
If you need help in understanding the information, please inform us and we will provide someone to explain the contents of the information.