COVID-19 advice and guidance
Due to Covid 19, there are changes to the way our data protection team are working at the moment. The council is focusing its resources to offer key services, to support residents and businesses during the pandemic. Because of this, the time taken to respond to a Freedom of Information (FOI) request, Subject Access Request (SAR) or complaint may be longer.
For Freedom of Information Requests and Subject Access Requests we will respond within 40 working days. For a complaint the time limit is 30 working days.
We will keep this under review.
If we are unable to give you the information you have asked for, we will explain why.
Subject Access Requests
You have the right to ask to see the personal information we hold about you. This is called making a Subject Access Request.
How can I make a Subject Access Request?
You will need to fill in a form, called a Subject Access Request form, to ask us to provide your personal information. This can be sent to us by letter, or by email.
If you write to us, please send it to: Data Protection, Rutland County Council, Catmose, Oakham, Rutland, LE15 6HP
If you email us, please send it to: email@example.com
We will need to see proof of your identity before we are able to deal with your request.
What information can I have?
- we will confirm whether your data is being used
- we will provide a copy of the data we hold
- other further information (this is explained in the Privacy Notice)
Is there a fee?
No. The information will be provided for free.
We can charge a ‘reasonable fee’ if there is no reason for you to ask us for the information, or if the request is seen as unreasonable. We may also charge a fee if you are asking for copies of information we have already given to you.
The fee would be explained to you in advance. It would be based on the administrative cost of providing the information.
How long will it take to give me the information?
The information will be given to you as soon as possible and within a month.
It may take up to two months longer if the requests are complicated, or there are a lot of them. If this happens, we will tell you within one month of your request and we will explain why more time is needed.
What if my request is seen as manifestly unfounded or excessive (unreasonable)?
Where the council sees your request as unreasonable, it will be deemed ‘manifestly unfounded or excessive’.
Where requests are seen as unreasonable by the council, particularly because they are repetitive, we can:
- Charge a reasonable fee based on the administrative costs of providing the information; or
- Ask you to tell us the information the request is about or
- Refuse to respond.
If we refuse to respond to a request, we will explain why. You will have the right to complain to the Information Commissioner if we refuse to respond to you.
How will you provide the information?
We will give you the information on a password-protected USB. You can ask us to provide a paper copy of the information instead.
How will you check my identity?
When you ask us for information, we must make sure you are who you say you are. Unless the staff dealing with your request know and recognise you, we need to see proof of your identity. This will include proof of:
- Your full name – who you are
- Your residential address – where you live
- Your date of birth – when you were born
We need two forms of ID from the list below:
- Current UK/EEA passport
- UK photocard driving licence (full or provisional)
- Firearms licence/shotgun certificate
- EEA national identity card
- Full UK paper driving licence
- State benefits entitlement document*
- State pension entitlement document*
- HMRC tax credit document*
- Local authority benefit document*
- State/local authority educational grant document*
- HMRC tax notification document
- Disabled driver's pass
*The documents showing a * must be dated in the past 12 months
- Financial statement issued by bank, building society or credit card company
- Judiciary document such as a notice of hearing, summons or court order+
- Utility bill for supply of gas, electric, water or telephone landline+
- Most recent mortgage statement
- Most recent council tax bill/demand or statement
- Building society passbook which shows a transaction in the last three months and your address
These documents must be less than three months old
We will accept copies of these documents. However, we may ask for originals if the photocopies or scans are not clear.
Can I ask for someone else’s data?
You can only ask for your own data, unless you have legal permission from the other person, for example if you are a solicitor or personal representative.
We will need to be sure that you have permission from the person whose data you are asking for, before we will give you any information about this person. You will need to show us evidence of this.
Can I ask for my child’s data?
Children have the right to ask for their own information.
If the child is too young to understand, which usually means they are under 12, then people with parental responsibility can apply for their child’s data. You will need to show evidence that you have parental responsibility, such as your child’s birth certificate.
You must be asking for the information because it will help or support your child. Sometimes we may decide not to give information to a parent, or we may ask a child to make the request themselves.
Rutland County Council holds information about children for social care, but we do have some educational information, usually about special educational needs. Most educational records are kept by schools, which means that requests should normally be made to the school, not to the council.
Who should I contact if I have any questions or need help to access my data?
You can email firstname.lastname@example.org
You can write to Data Protection, Rutland County Council, Catmose, Oakham, Rutland, LE15 6HP
You can telephone 01572 722577