You have the right under the General Data Protection Regulations to have personal data erased and to prevent processing in specific circumstances: The right to erasure does not provide an absolute ‘right to be forgotten’.
How can I make a Right to Erasure Request?
You can make a request in writing or by email using the Data Erasure Request Form.
You should submit the request in writing to Information Governance, Rutland County Council, Catmose, Oakham, Rutland, LE15 6HP
You should submit the request by email to firstname.lastname@example.org
We will need proof of identification before we progress your request.
When will we agree to erase your data?
· Where the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed.
· When the individual withdraws consent.
· When the individual objects to the processing and there is no overriding legitimate interest for continuing the processing.
· The personal data was unlawfully processed
· The personal data has to be erased in order to comply with a legal obligation.
If the processing does cause damage or distress, this is likely to make the case for erasure stronger.
Do we have to tell other organisations about the erasure of personal data?
If we have disclosed the personal data in question to others, we must contact each recipient and inform them of the erasure of the personal data - unless this proves impossible or involves disproportionate effort. If asked to, we must also inform you about these recipients.
When can we refuse to comply with a request for erasure?
We can refuse to comply with a request for erasure where the personal data is processed for the following reasons:
- to exercise the right of 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; or
- the exercise or defence of legal claims.
Is there a fee for dealing with an erasure request?
No. We will comply with your rights free of charge
How long will it take to receive the information?
Information must be provided without delay and at the latest within one month of receipt.
We are able to extend the period of compliance by a further two months where requests are complex or numerous. If this is the case, we will inform you within one month of the receipt of the request and explain why the extension is necessary.
How will we tell you that your data has been erased?
We will provide you with the information we hold on an encrypted USB device and will confirm the data that has been deleted.
How will you verify my identity?
When we receive a request for erasure, we must make sure you are who you say you are. Unless the staff handling your request know and recognise you, we need proof of identity. These include:
- Your full name
- Your residential address
- Date of birth
The following documents can be accepted to verify your identity. We require two forms of ID:
- 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
*These documents 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 reserve the right to ask for originals if photocopies are not of a good quality.
Can I request to erase another individual’s data?
You are only able to request erasure of your own personal data unless you have authority from the data subject, i.e. solicitors or personal representatives.
We will need to be sure that you have authority from the data subject before we will process a request on behalf of another individual. You should therefore provide relevant evidence.
Can I make a request on behalf of my child?
Children have the right to request the erasure of their own information themselves. People with parental responsibility can, however, apply on their child's behalf where the child is too young to understand. We require evidence that you have parental responsibility in such circumstances.
Where a child cannot understand, which usually means they are under the age of 12, the Council must satisfy itself that the parents' request is made in the child's interest. There may be occasions when we decide not to give information to a parent or when we may ask a child to make a request on their own behalf.
The personal information Rutland County Council holds about children is mainly in areas such as social care but it does hold some educational information, particularly with regard to special educational needs. Most educational records are maintained by schools, which means that requests should normally be made to the appropriate school, not to the council.
Who should I contact if I have any questions or need any reasonable adjustments?
You can email email@example.com
You can write to Information Governance, Rutland County Council, Catmose, Oakham, Rutland, LE15 6HP
You can telephone 01572 722577.