A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

GDPR (Data Protection)

Your rights and how to make a Subject Access Request

The GDPR provides rights about the personal data we (as a data controller) process about you:

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The right to be informed

You have to right to know:

  • how and why we collect your data
  • how it's being used

We must be open and honest about how and why we:

  • collect your data
  • use your data
  • store your data

We publish Privacy Notices which explain this in more detail for our services - you can find our Privacy Notices in this guide.

The right of access (Subject Access Requests)

You have the right to see the personal information we hold about you.

You can ask to see the information we hold about you by making a Subject Access Request.

How to make a Subject Access Request

Complete our Subject Access Request Form and email to: dataprotection@rutland.gov.uk

You can also submit a request by writing to: Information Governance, Rutland County Council, Catmose, Oakham, Rutland LE15 6HP.

We'll need proof of your identification before we can process your request. You can find a list of accepted proof of ID documents on this page.

Fees

Information is provided for free, but we can charge a reasonable fee if:

  • there's no reason for you to ask us for the information
  • the request is seen as unreasonable

We may also charge a fee if ask for copies of information we've already given you.

Fees are based on the administrative cost of providing the information to you.

If a fee applies, we'll tell you this to you in advance.

Information you can have

We will:

  • confirm whether your data is being used
  • give you a copy of any data we hold about you
  • send you any other information (as explained in the Privacy Notice)

The right to erasure

You have the right to have personal data erased and to prevent processing in specific circumstances. This right does not provide an absolute 'right to be forgotten'.

How to make a right to erasure request

To make a request, complete our Data Erasure Request Form and email to: dataprotection@rutland.gov.uk.

You can also submit a request by writing to: Information Governance, Rutland County Council, Catmose, Oakham, Rutland LE15 6HP.

We'll need proof of your identification before we can process your request. You can find a list of accepted proof of ID documents on this page.

There is no fee for processing an erasure request.

We'll agree to erase your personal data if:

  • it's no longer necessary for the purpose it was originally requested or processed for
  • you withdraw your consent
  • you object to the processing and there's no overriding legitimate interest for continued processing
  • it was unlawfully processed
  • it has to be erased to comply with a legal obligation

If processing causes damage or distress, this is likely to make the case for erasure stronger.

We can refuse a request for erasure if the personal data is processed:

  • to exercise the right to freedom of expression and information
  • to comply with a legal obligation for the performance of a public interest task or exercise of official authority
  • for public health purposes in the public interest
  • archiving purposes in the public interest, scientific research, historical research or statistical purposes
  • the exercise or defence of legal claims

Telling other organisations

If we've disclosed the personal data to others, we must must contact each recipient and tell them about the personal data erasure, unless this proves impossible or involves disproportionate effort. If asked to, we must also to you about these recipients.

The right to restrict processing

You have the right to ask us to stop using your personal information or ask for it to be deleted in certain situations. It usually means we can keep your information but cannot use it or share it in any way.

Email us at dataprotection@rutland.gov.uk for more information about your right to restrict processing.

The right to data portability

You have the right to ask for your personal information to be given back to you or another service provider, in a commonly used format. This is called data portability.

This only applies if we're using your personal information with consent (not if we're required to by law) and if decisions were made by a computer, not a human.

It's likely that data portability won't apply to most of the services you receive from us.

To make a request, complete our Data Portability Request Form and email to: dataprotection@rutland.gov.uk.

You can also submit a request by writing to: Information Governance, Rutland County Council, Catmose, Oakham, Rutland LE15 6HP.

We'll need proof of your identification before we can process your request. You can find a list of accepted proof of ID documents on this page.

There is no fee for processing an erasure request.

The right to object

You have the right to object to us processing your data for:

  • legitimate interests
  • direct marketing (including profiling)
  • processing
  • purposes of scientific or historical research and statistics

We must comply with your request and stop processing the personal data, unless:

  • we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms
  • the processing is for the establishment, exercise or defence of legal claims

How to object

To object to your personal data being processed, complete our Right to Object Request Form and email to: dataprotection@rutland.gov.uk.

You can also submit a request by writing to: Information Governance, Rutland County Council, Catmose, Oakham, Rutland LE15 6HP.

We'll need proof of your identification before we can process your request. You can find a list of accepted proof of ID documents on this page.

There is no fee for processing an objection request.

The right to rectification

You have the right to have inaccurate personal data rectified. 

You may also be able to have incomplete personal data completed - this depends on the purposes for processing.

We'll agree to rectify your data if:

  • the personal data is inaccurate and it's reasonable to do so
  • you withdraw your consent
  • you object to the processing and there's no overriding legitimate interest for continued processing
  • it was unlawfully processed
  • the data has to be erased to comply with a legal obligation

We can refuse to comply with your request if:

  • the data record disputed is an opinion - opinions are subjective and it can be difficult to conclude that the record of an opinion is inaccurate
  • the request is unfounded or excessive

Telling other organisations

We'll restrict the processing of your personal data while we verify its accuracy.

How to make a right to rectification request

To make a request, complete our Rectify Data Request Form and email to: dataprotection@rutland.gov.uk.

You can also submit a request by writing to: Information Governance, Rutland County Council, Catmose, Oakham, Rutland LE15 6HP.

We'll need proof of your identification before we can process your request. You can find a list of accepted proof of ID documents on this page.

There is no fee for processing a rectification request.

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How we will provide the information requested

We usually provide information in an encrypted USB format. If this unacceptable to you, you can request a hardcopy of the information.

How long it will take to receive the information you request

We must provide information without delay and within one month of receiving your request.

We can extend the time to respond by two months if:

  • the request is complex
  • we've received a number of requests from you

If this is the case, we'll let you know within one month of receiving your request and explain why the extension is necessary.

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    Verifying your identity

    Accepted ID documents

    We must make sure you are who you say you are when you make certain requests.

    We'll need proof of your identity, including:

    • your name
    • where you live
    • date of birth

    We require two documents to verify your identity:

    • current UK or EEA passport
    • UK photocard driving licence (full or provisional)
    • firearms licence or shotgun certificate
    • EEA national identity card
    • full UK paper driving licence
    • state benefits entitlement document (dated in last 12 months)
    • state pension entitlement document (dated in last 12 months)
    • HMRC tax credit document (dated in last 12 months)
    • local authority benefit document (dated in last 12 months)
    • state or local authority educational grant document (dated in last 12 months)
    • HMRC tax notification document
    • disabled driver's pass
    • financial statement issued by bank, building society or credit card company
    • judiciary document - for example notice of hearing, summons or court order (dated in last three months)
    • utility bill (dated in last three months)
    • most recent mortgage statement
    • most recent Council Tax bill, demand or statement
    • building society passbook showing a transaction in the last three months and your address

    We'll accept photocopies of ID documents - but will ask for the original if the copy is of poor quality.

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    Making a request on behalf of someone else

    You can only ask for your own data, unless you have legal permission from the person - for example, if you're a solicitor or personal representative.

    We'll need to make sure you have permission from the person whose data you're asking for before we will give you any information. You will need to show us evidence.

    Requesting a child's information

    Children have the right to ask for their own information.

    If the child is too young to understand (which usually means they're under 12) and you have parental responsibility, you can apply for your child’s data. You'll need to show evidence that you have parental responsibility - your child’s birth certificate, for example.

    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.

    We hold 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. Requests should normally be made to the school, not to the council.

    Contact us

    If you have any questions or need help to access your data:

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