Data Protection Act overview
The new General Data Protection Regulations (GDPR) and the Data Protection Act 2018 came into effect on 25 May 2018. Together they form the New Data Protection Legislation and replace the Data Protection Act 1998.
We collect, hold and use data about people and organisations with whom we work and in order to conduct our business. This may include members of the public, current, past and prospective employees, clients, customers, contractors, partners and suppliers. In addition, we may be required to collect and use personal data in order to comply with our statutory obligations.
We must abide by the 6 principles of the Data Protection Legislation which make sure that personal information is:
- Processed lawfully, fairly and in a transparent manner
- Collected for specified, explicit and legitimate purposes
- Adequate, relevant and limited to what is necessary
- Accurate and where necessary kept up to date
- Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which those data are processed - Refer to our Corporate Data Retention Policy
- Processed in a manner that ensures appropriate security of the personal data
Accountability is central to the Data Protection Act Legislation. Data controllers are responsible for compliance with the principles and must be able to demonstrate this to data subjects and the Information Commissioners Office.
The Council has a General Data Protection Regulation (GDPR) Policy in place. This Policy describes the Council’s requirements to comply with the General Data Protection Regulation (GDPR)
Accessing information we hold about you
You can access the information or images we hold about you by making a Subject Access Request. This request can be made in writing, by email or using the Subject Access Request application forms. Please provide as much detail as possible about the information you require, mark for the attention of the Data Protection Officer and send it to the address provided. You are entitled to receive a copy of our records free of charge, within a calendar month.
Please note that requests can only be made for images relevant to you and must be made within 30 days of the images being recorded as CCTV data that has not previously been requested is retained on the system for a maximum of 31 days.
The Council is committed to protecting your privacy when you use our services. Our CCTV Privacy Notice explains how we use information about you and how we protect your privacy.
What are your rights to accessing your personal records under the GDPR?
Your rights to access your personal record would depend on the legal basis the Council obtained and is processing your data. The Council provides a wide range of services and relies on different legal bases under the GDPR for processing personal data. Bearing these in mind, you have the following rights:
- to access your personal data
- to be provided with information about how your personal data is processed
- to have your personal data corrected
- to have your personal data erased in certain circumstances
- to object to or restrict how your personal data is processed
- to have your personal data transferred to yourself or to another business in certain circumstances
- you have the right to be told if we have made a mistake whilst processing your data and we will self-report breaches to the Commissioner.
For more information about your rights, please read the attached guidance.
If you wish to exercise your information rights, this request can be made in writing by completing the Information Rights Form application form. Please provide as much detail as possible about the information you require, mark your request as ‘Information Rights Request’ and send it to the address provided.
Proof of Identity
To help establish your identity your application must be accompanied by TWO official documents that between them clearly show your name, date of birth and current address.
Acceptable forms of ID are:
- photocopy of your passport or driving licence
- an electricity bill
- a gas bill
- a council tax bill
- any other bill in your full name
Please do not send original documents, good quality photocopies are acceptable.
Any bill you send must be less than 6 months old.
Correcting data we hold
If you believe the data we hold about you is incorrect or that there is information that we have not supplied, you must contact us within 21 days of receiving our response to your request.
If we don't agree that the information is incorrect, you can appeal using the Council's normal complaints procedure.
You can also appeal to the Information Commissioner's Office if we do not correct the data you ask us to. https://ico.org.uk/for-organisations/guide-to-freedom-of-information/complaints/
Where personal data breaches do occur, Cotswold District Council will, without undue delay, investigate the breach, and where required, report the breach to the Information Commissioner’s Office (ICO) within 72 hours. Reporting procedures can be found in our Reporting of Personal Data Breaches Policy.
Sometimes we need to share information with other public bodies such as other councils, the health service or the Police. We have signed up to the Gloucestershire Information Sharing Partnership Agreement which outlines the principles and responsibilities which govern the way in which we share data with others. For more details, please:
Gloucestershire Information Sharing Partnership Agreement. /media/1247215/Gloucestershire-Information-Sharing-Partnership-Agreement-V2-Final.pdf
Monitoring the Council's compliance with the law
All organisations that handle personal information need to be registered with the Information Commissioner based at Wilmslow in Cheshire. The Commissioner is responsible for enforcing the Data Protection Legislation and providing guidance. The Register of Data Controllers is a public document and provides information about the classes of data held, the classes of data subjects and whom the data is disclosed to or shared with. Registrations are renewed each year and updated during the year as required and the Register of Data Controllers can be inspected at any time on the Information Commissioner's Office website. Our entry in the Data Protection Public Register is available via this link https://ico.org.uk/esdwebpages/search
The Data Protection Public Register. Enter Z6833568, which is the Council's Data Protection Registration number.
Summary of the Council's data processing procedures
The Council is committed to complying not only with the letter but also the spirit of Data Protection Legislation. The accuracy and security of your personal information is a key responsibility of the Council and is recognised as an overriding factor in securing your trust and confidence. The Council will only use the information it holds about you for the purpose you provided it or as permitted by law. It will also only collect the minimum information necessary to fulfil that purpose.
By law we must maintain a record of the data processing activities we are responsible for. This is contained in our Record of Processing Activities.