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Requesting information under the Data Protection Act

Your rights under Data Protection including subject access

Under data protection legislation you have the right to make various types of requests regarding the information we hold about you.

  • Right of access (to request copies of information about you)
  • Right to rectification (to request inaccurate data is corrected)
  • Right to erasure (to request that data is deleted)
  • Right to restrict processing (to request we don't use your data in a certain way)
  • Right to data portability (in some cases, you can ask to receive a copy of your data in a commonly-used electronic format so that it can be given to someone else)
  • Right to object (generally to make a complaint about any aspect of our use of your data)
  • Right to have explained if there will be any automated decision-making, including profiling, based on your data and for the logic behind this to be explained to you

In some cases, you are able to make a request on behalf of someone else too (such as a child under the age of 12) where you have authority to do so.

Please note that any request to exercise your above rights will be considered in line with the full provisions of the GDPR and Data Protection Act 2018. Your request may therefore be refused in full or in part should complying with your request contravene this legislation.

For example, we may not be able to share information with you that has been provided to the Council with an expectation in confidence (such as a referral made to Social Care in confidence), or information relating to other people. Similarly, we may be unable to delete information about you if your request relates to information which we have a legal reason to keep for a specific length of time. We will explain our reasoning if we do refuse your request.

How to submit a request

You can submit a rights request using the online form below. As explained on the form, you will need to provide two forms of ID (driving licence, passport, birth certificate, utility bill etc) with your application, and additional ID / authority documents if making a request on behalf of someone else.

You can also make a request to access your information using our downloadable paper forms, should you wish to post your request or email it as an attachment.

How long will a request take?

Under the Data Protection Act, the County Council has one month in which to respond to your request. However, the Council can apply for an extension of two further months if your request is considered to be "complex".

Factors affecting complexity include the volume of information requested, the amount of third-party information within the requested information, and how many different locations the information has to be sourced from.

The majority of requests for copies of social care information will likely be considered complex due to the extent and sensitivity of the third-party personal data contained within the information. The Information Governance Team will inform you as soon as we can if your request has been assessed as complex and will communicate the basis for the decision to you.