Ashfield District Council: Privacy and data protection

Privacy and data protection

Data Protection Act 1998

What information does the Act cover?

The Act covers all information that we hold about individuals (you and me) and to protect that information.

How does it protect personal data about me?

By setting rules and conditions which all users of personal information must obey when obtaining and using information about you. The Act also provides you with certain rights

What are my rights?

The Act provides you with statutory rights:

To ask the authority if it holds personal information about you
To ask what it uses the information for
To be given a copy of the information subject to a payment of £10
To be given details about the purposes for which the authority uses the information and of other organisations or persons to whom it is disclosed
To ask for incorrect data to be corrected
To ask the authority not to use personal information about you for direct marketing, which is likely to cause damage or distress or to make decisions about you based on the automatic processing of the data
To compensate for damage or distress should these be caused by our failure to comply with certain requirements of the Act

Why do we keep personal information?

So that we can provide you with the services you require, collect the council tax, collect rent, calculate housing benefit etc. and maintain a record of the services provided.

Does the authority need your consent to use information about you for any of these purposes?

We require your consent only if we are going to process data about you for purposes other than those we are required to provide by law, or where we intend using data required for one legal purpose for something else. All application forms and requests for information explain why we require the information requested and whether or not we need your consent.

How do I make a request for information?

You must write to the authority asking to see your records. A form is provided below that will assist us in completing your request. You will need to provide your name and address, details of the service(s) you are receiving and any other information e.g. Date of Birth, rent or council tax number, that could help the authority find your information. Help can be provided to complete this form.
Data Subject Information Form (96k) - Please print out, complete, and return.

Do I have to pay to see your information?

Yes. A fee of £10.00 is payable. The information will not be provided until we have confirmed your identity and this fee has been paid.

What information will I receive?

We aim to provide you with all of the information that you request subject to the application of any exemptions, which prevent us from releasing certain information.

How will I be given the information?

You will be given a copy to keep and check for accuracy. This will either be a printout from the computer or a photocopy of your manual records. Access to view records at the Council Offices can be arranged if required.

What do I do if the data is incorrect?

You must write to the authority telling us what data are incorrect and asking for the data to be corrected. The authority must tell you what it has done within 21 days of receiving your request. If the authority does not agree that the information is incorrect you can ask it to record your disagreement on your records. You can also appeal to the Information Commissioner or the courts if the authority does not correct the information.

What do I do if I think you have not given all of the information requested?

You should first of all make a complaint via the Councils Complaints Procedure. If after following this procedure you are still not satisfied you can make a complaint to the Information Commissioner, who will look into the matter on your behalf.

Office for the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

How can I prevent the authority from using information about me for Direct Marketing or stop it from using information for a purpose which could cause me damage or distress?

You should write to the authority asking it not to process your information for the first of these. If you think that the use could cause you damage or distress you must also write to the authority giving your reasons for asking them to stop the processing.

How do I make a claim for compensation?

Claims are made through the courts which will only support these if you can show that the authority had not taken reasonable care to ensure it complied with the Act and that you have suffered damage as a result of our use of such data.

Does the Authority provide help in understanding the information?

Yes. If you need help with any issue relating to the release of your information, we will provide someone to assistance.

Who do I contact for assistance?

Andy Gray
Scrutiny & Policy Support Officer (Information Management)
Ashfield District Council
Urban Road
Kirkby-in-Ashfield
Nottinghamshire
NG17 8DA

Email: a.gray@ashfield-dc.gov.uk Tel: 01623 457 244