Ryedale District Council

 

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Access to information and data protection rights

Data protection rights
Every individual has a number of rights in relation to their own personal data and their privacy. This page has been designed to inform you about those rights and how you can exercise them at Ryedale District Council.

Right of access (Subject access request)
Data Subjects (that is the individual who the data is about) have a very strong right of access to their own personal data held by an organisation. This could be information held in electronic form (ie emails or database entries) or it could be paper files that we hold (ie paper records or archived files).

Our Information Governance and Data Protection policies, including information security policies, are available in our web library.

Our Corporate Privacy Notice is available here.

 

  • Data Subjects are only entitled to their own personal data. If data about other individuals are included within your files then it is likely that this information will be withheld.

When I am acting on behalf of the Data Subject

If you are acting on behalf of a Data Subject (ie parent, legal guardian, or solicitor) then you may still have a right of access to information about the data subject. The council would require the following to be able to disclose records to you:

  • Child under 12 (or child lacking mental capacity) - Demonstrable evidence that you have parental responsibility for that child
  • Child over 12 - In certain circumstances your child may be asked to consent to disclose data to you
  • Adult (who lacks mental capacity) - Official paperwork listing you as legal guardian of the data subject
  • Solicitor or Agent (acting on behalf of an individual) - A form of authority addressed specifically to the Council and signed by the data subject or their legal representative. In some circumstances we may also request explicit consent from the data subject

Accessing the records of deceased persons

  • A common law of confidentiality restricts the Council from disclosing a deceased person’s records to any individual other than the personal representative of the deceased’s estate. That is an individual who has a grant of probate (if the deceased left a will) or letter of administration (if the deceased did not leave a will, otherwise known as intestate).
  • If you are the personal representative for the deceased’s estate and affairs, the Council will request the legal documentation from you which validates this and will therefore be able to consider disclosing the requested records.

 

Yes, in some circumstances the Council is allowed to withhold information. This could be but not limited to, if disclosure could prejudice a criminal investigation, if disclosure could cause mental or physical harm to any individual, or if information originates from the Court. These are known as exemptions.

Exemptions are not applied to information very often but when they are, the Council may not need to inform you of such an application.

 

All individuals have a right to request that an organisation deletes, corrects or limits part or all of the personal information that it holds about them.

Where the Council is processing your personal data based on a legal power or an official authority, it will only comply with one of these requests if:

  • It is certain that the personal data it holds about you is incorrect or
  • It no longer requires your personal data for the purpose that it was collected

In most cases we will upload and save your complaint with any other information we hold about you, so we have a record of your request.

Please be aware that decisions in regards to these requests are made on a case-by-case basis and take in to account any relevant information required to decide if complying with such a request is suitable.

 

When the Council has used any "Automated Decision Making" software (that is if a computer has made a decision about you without human involvement) then you have a right to ask for a human being to review the decision instead.

We will always tell you when we do use automated decision making and provide you with details about how you are able to appeal.

 

The easiest and most straight forward way to make a data protection request is by using the application form (Word, 4 pages, 25kb)

Alternatively you may wish to contact us via email or post (see below).

You will also need to validate your identity (so that we can be certain that only you have access to your personal data). You can do this either by attending Council offices in person or by providing us with copies of your ID. Please see the "accepted documents list" below which will assist you in deciding what ID is accepted by the Council.

You are advised to only send copies of these documents to us

Please provide copies of one document from section A and one document from section B (you do not need to do this if it is likely that the Council will be able to identify you from its existing records, for example because you currently receive a service from the Council).

Section A - Proof of name - provide a copy of one document from this list

  • Current signed passport
  • Original birth certificate (UK birth certificate issued within 12 months of the date of birth in full form including those issued by UK authorities overseas such as Embassies High Commissions and HM Forces)
  • EEA member state identity card (which can also be used as evidence of address if it carries this)
  • Current UK or EEA photocard driving licence
  • Current full old-style UK driving licence
  • Photographic registration cards for self-employed individuals in the construction industry -CIS4
  • Benefit book or original notification letter from Benefits Agency
  • Firearms or shotgun certificate
  • Residence permit issued by the Home Office to EEA nationals on sight of own country passport
  • National identity card bearing a photograph of the applicant

Section B - Proof of address - provide a copy of one document from this list

  • Utility bill issued within the last three months
  • Local authority council tax bill for the current council tax year
  • Current UK driving licence (but only if not used for the name evidence)
  • Bank, Building Society or Credit Union statement or passbook
  • Original mortgage statement from a recognised lender issued for the last full year
  • Solicitors letter confirming recent house purchase or land registry confirmation of address
  • Council or housing association rent card or tenancy agreement for the current year
  • Benefit book or original notification letter from Benefits Agency (but not if used as proof of name)
  • Inland Revenue self-assessment or tax demand
  • NHS Medical card

You are advised to only send copies of these documents to us.

 

All data protection requests should be addressed to Legal Services.

Private and Confidential
Legal Services
Ryedale District Council
Ryedale House
Malton
North Yorkshire
YO17 7HH

 

Once the Council has validated your identify and is certain of your request then it will acknowledge this with you as soon as possible. The Council then has up to 30 calendar days to respond to your request.

Please be aware that in some circumstances the Council may apply a discretionary extension of a further 60 calendar days if it believes your request is complex or very large. The Council will write to you and let you know if this is the case.

 

If you are unhappy with the way in which your data has been handled, or the way in which a data protection request has been answered, then you may complain to the Council’s Data Protection Officer.

You can contact the Data Protection Officer during usual office hours at the following:

Email the Data Protection Officer or write to:

Data Protection Officer
Ryedale District Council
County Hall
Northallerton
North Yorkshire
DL7 8AL

If you remain dissatisfied with the response from the Council’s Data Protection Officer, or if you would rather complain straight to a regulator, then you may make a complaint to the Information Commissioner’s Office (ICO) who regulate Data Protection and Information Governance matters in the UK.

Email the ICO or write to:

First Contact Team
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow Cheshire
SK9 5AF

To find out more information about your Data Protection Rights, please visit the ICO website.

 

 

 

Contact us


Ryedale District Council
Ryedale House
Old Malton Road
Malton, North Yorkshire
YO17 7HH

Email: Contact the Council

Phone: 01653 600666

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