Your rights and how to exercise them

This right allows you to be provided with clear and concise information about how your information is being processed, which includes:          

• what information is being collected
• the purpose and lawful basis for processing
• who the data will be shared with, including details of international transfers
• retention periods for the personal data
• the rights available to you
• the right to lodge a complaint

This is sometimes called a Subject Access Request (SAR). If you make an SAR to us, we'll send you copies of your information. This could be paper records, computer records or other types of information.          

The right of access can be exercised verbally, or in writing (by post or email), as well as by filling in the council’s individual rights request form at the bottom of this page. If needed, we may have to seek more information and identification from the you as the requester. Once your identity has been confirmed, an acknowledgement of your request will be sent to you.          

You have the right to ask us to correct inaccurate or incomplete information about you. When we receive your request, we will check whether the data is inaccurate, and rectify it, only if it is correct to do so.          

If after considering your request it is felt that the criteria for rectification is not met, you will be informed of the decision with the reasons for it. Where a request for rectification concerns a professional opinion, we may include a supplementary statement of your views to go alongside the records and inform you about it.          

The right to erasure is also known as the right to be forgotten. This right allows you to ask for your personal data to be deleted if:          

• personal data is no longer necessary
• you withdraw consent, which you have previously given
• personal data is unlawfully processed
• you object to the processing, and the data controller has no reason to continue processing
• data erasure is necessary for compliance with a legal obligation (EU law or national law)

This right does not apply where we need to use your data for one of our statutory purposes (like collecting Council Tax), or where we need it for a legal claim.          

This right allows you to ask us to restrict how we process your data and may be applied in the following circumstances:          

• information is inaccurate (during the checking process)
  
• the data has been unlawfully processed and you oppose erasure and request restriction instead
  
• we no longer need data, but you want the data to be preserved, for example exercise or defend a legal claim
  
• we are considering our legitimate grounds for your request
  

You cannot stop us using your data to protect other people's rights, or for legal claims or for an important public interest reason.           

This right gives you the right to receive personal data you have provided to us in a structured, commonly used and machine-readable format. It also gives you the right to request that we transmit this data directly to another organisation. This right only applies when:          

• you either consented to us processing this information
  
• the processing of your data is for the performance of a contract we have with you
  
• you are carrying out the processing by automated means (excluding paper files)
  

As with all rights, this right is subject to certain exceptions and limitations.          

You have the right to object to us processing (using) your personal data at any time. This effectively means that you can stop or prevent us from using your data.          

You can only object to processing when we are using your data for one of our usual statutory functions.          

However, we may not need to stop processing, if we can give strong and legitimate reasons to continue using your data which outweigh your rights. This could be when, for example, your data is processed for public interest or for legitimate security reasons.          

You have absolute right to object to direct marketing.          

We do not use automated decision making or automated profiling at the moment, however, if we were to, this right would allow you to ask the council to have a human reconsider the decision that had been made. This right only applies to decisions made fully by automation which affect you legally or have a significant outcome.

Unless the other person gives their permission, or it is reasonable under the circumstances to provide it without permission, we are entitled to withhold this information.                

If the information could risk someone's safety, we will not disclose it without their agreement. There are exemptions for health, social work, and education information if your request is likely to cause serious physical or mental harm to you, or someone else.                

If the police are investigating or prosecuting offences, we will ask them whether giving you the information would prejudice their activities. If they think it will, we will not be able to give you the information.                 

We do not have to give you information that would prejudice us in assessing or collecting Council Tax.                

Other exemptions include:

• disciplinary proceedings against council staff
• the investigation of complaints of misconduct against council members
• information processed for research, statistical or historical purposes
• information that is already available to the public (such as planning permission applications)
• management forecasting or management planning information
• confidential references
• records of intention in relation to negotiations, exam scripts, and legal advice