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Right to Rectification

You have the right under the General Data Protection Regulations to have inaccurate personal data rectified. An individual may also be able to have incomplete personal data completed – although this will depend on the purposes for the processing.

How can I make a Right to Rectification Request?

You can make a request in writing or by email using the attached Right to Rectification 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 dataprotection@rutland.gov.uk

We will need proof of identification before we progress your request.

When will we agree to rectify your data?

·         Where the personal data is inaccurate (if it is incorrect or misleading as to any matter of fact)and it is reasonable to do so.

·         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?

We will restrict the processing of the personal data in question whilst we are verifying its accuracy.

When can we refuse to comply with a request for rectification?

We can refuse to comply with a request for erasure where;

  • The data records disputed opinion. Opinions are by their very nature, subjective, and it can be difficult to conclude that the record of an opinion is inaccurate.
  • If the request is manifestly unfounded or excessive.

Is there a fee for dealing with a rectification request?

No. We will comply with your rights free of charge unless the request is excessive.

How long will it take to comply with the request?

Information must be provided without delay and at the latest within one month of receipt. We can extend the time to respond by a further two months if the request is complex or we have received a number of requests from you.

How will we tell you that your data has been rectified?

We will confirm the data that has been rectified in writing.

How will you verify my identity?

When we receive a request for rectification, 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 rectify another individual’s data?

You are only able to request rectification 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 rectification 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 dataprotection@rutland.gov.uk

You can write to Information Governance, Rutland County Council, Catmose, Oakham, Rutland, LE15 6HP

You can telephone 01572 722577.

 

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