Individuals (data subjects) whom Basingstoke and Deane Borough Council hold personal information about have the following rights under the Data Protection Act:
· a right of access to a copy of the information comprised in their personal data;
· a right to object to processing that is likely to cause or is causing damage or distress;
· a right to prevent processing for direct marketing;
· a right to object to decisions being taken by automated means;
· a right in certain circumstances to have inaccurate personal data rectified, blocked, erased or destroyed; and
· a right to claim compensation for damages caused by a breach of the Act.
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To exercise the right to access your information you must:
- submit your request in writing and provide
- your name
- the address to which you would want information sent
- information that would help the council to identify you eg a copy of your birth certificate or current drivers licence and your current address
- any other information that you feel will help the council to respond to your request eg telephone number(s), council tax reference, benefit claim reference, etc.
Address your request to: The Data Protection Officer, Basingstoke and Deane Borough Council, Civic Offices, London Road, Basingstoke, Hampshire, RG21 4AH.
The Data Protection Officer will log your request and write to you confirming receipt of the request. The council charges a £10 fee to process a request. This is stipulated in the Data Protection Act and is not a fee to recover any costs to the council in responding to your request. The fee must be paid before any work is undertaken.
Within 40 calendar days from receipt of the subject access request and payment of the fee, you will:
- receive a copy of any information held about you, and
- be provided with an explanation of any terms, codes or markers in the information that would otherwise be unintelligible, or
- be informed if no information is held about you.
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The right to object to processing gives individuals the right to object to processing only if it causes unwarranted and substantial damage or distress. If it does, you have the right to require the council to stop (or not to begin) the processing in question. Requests must be made in writing and are subject to the following:
· An individual can only object to the processing of their own personal data;
· Processing an individual’s personal data must be causing unwarranted and substantial damage or distress;
· The objection must specify why the processing has this effect
In addition, an individual has no right to object to processing if:
· They have consented to the processing;
· The processing is necessary;
- In relation to a contract that the individual has entered into; or
- Because the individual has asked for something to be done so they can enter into a contract;
· The processing is necessary because of a legal obligation that applies (other than a contractual obligation); or
· The processing is necessary to protect the individual’s ‘vital interests’.
Any such requests must be responded to within 21 days of receipt. The response must state what the council intends to do and, if there is no intention to comply with the objection in some way, give reasons for that decision.
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An individual can, at any time, give a written notice to stop (or not begin) using their personal data for direct marketing. any individual can exercise this right and if a notice is received it
must be complied with within a reasonable period (generally 28 days for electronic marketing and 2 months for postal). Direct marketing refers to any communication (by whatever means) directed to an individual and includes communications promoting views or campaigns as well as those selling goods and services.
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The right of subject access allows an individual access to information about the reasoning behind any decisions taken by automated means. The Data Protection Act complements this provision by including rights that relate to automated decision taking. Consequently:
- An individual can give written notice requiring the council not to take any automated decisions using their personal data;
- Even if they have not given notice, an individual should be informed when such a decision has been taken; and
- An individual can ask the council to reconsider a decision taken by automated means
The rights in respect of automated decisions only arise if two requirements are met. First, the decision has to be taken using personal data processed solely by automatic means, with no human intervention. the second requirement is that the decision has to have a significant effect on the individual concerned.
...........................................................................................................................................................................The Data Protection Act requires personal data to be accurate. where it is inaccurate, the individual concerned has a right to apply to the court for an order to rectify, block, erase or destroy the inaccurate information. When processing personal data that has been provided by somebody else the council must ensure:
- Information provided by the individual concerned or by another individual or organisation has been accurately recorded;
- All reasonable steps in the circumstances have been taken to ensure the accuracy of the information; and
- If the individual has challenged the accuracy of the information, this is clear to those accessing it
...........................................................................................................................................................................If an individual suffers damage because Basingstoke and Deane Borough Council has breached the Data Protection Act, they are entitled to claim compensation. This right can only be enforced through the courts and the Act allows a claim for compensation to be defended on the basis that all reasonable care in the circumstances was taken to avoid the breach.
