Data protection frequently asked questions
What is the Data Protection Act 1998?
It's a law to protect personal data about
individuals, no matter how it is processed.
How does it protect personal data about me?
It sets rules, which all personal information users must obey
when obtaining and using information about you.
The Act provides you with certain rights, which we must
adhere to.
What are my rights?
- to ask us if we hold personal information about you
- to ask what we use the information for
- to be given a copy of the information
- to be given details about the purposes for which we use the information and of the organisations or persons to whom it is disclosed
- to ask for incorrect data to be corrected
- to ask us not to use: personal information about you for direct marketing, information likely to cause damage or distress or to make decisions based on automated processing of the data
- to be granted compensation for damage or distress due to our failure to comply with certain requirements of the Act
Why do we keep personal information?
So that we can provide you with the services you require and
maintain a record of the services used.
What services does this include?
Social services
Education
Library and leisure services
Housing
Local tax collection ie council tax, business rates etc.
Environmental services
Refuse collection and cleansing
Highway maintenance
Planning
Licensing
Do you need my consent to use my information?
We require your consent in the following instances:
- if we are going to process data about you for purposes other than those we are required to provide by law
- where we intend using data acquired for one purpose for another purpose
- all application forms and requests for information explain
why we require the information requested and whether or not we
need your consent
How do I ask to see information about me?
You must write to us. You will need to provide your name and
address, details of the service(s) you are receiving and any other
information (eg date of birth, rent or housing benefit reference)
that could help us find your information. Alternatively you can
complete a subject access request form. To request a form contact
us on (020) 8825 9606.
Do I have to pay to see my information?
No.
What information will I receive?
You will receive all the information requested, whether held
in a computerised or manual file, the purpose for which we process
your data, a list of who it is disclosed to and the information
sources.
Do you always have to reply?
Yes. If we do not provide you with your information within 40
days we will be in breach of the Act. If you do not hear from us
within this time you can contact our data protection manager
manager tel: (020) 8825 9606, email:
dataprotection@ealing.gov.uk
or the information commissioner's information line (01625) 545 745.
They will make every effort to supply you with the
information you requested. If you still do not receive any
information you can contact the information commissioner who can
help ensure that you get a reply Tel: (01625) 545 745 (information
line). Website:
www.dataprotection.gov.uk.
Email:
mail@dataprotection.gov.uk
The Office of the Information Commissioner, Wycliffe House,
Water Lane, Wilmslow, Cheshire SK9 5AF.
Can you refuse access to the information?
There are some limited circumstances in which access can be
withheld - where data relates to a criminal investigation or a
taxation matter access will be restricted.
How will I be given the information?
You will be given a copy to keep and check for accuracy. This
will either be a computer printout or a photocopy of your manual
records. Where the information is of a high volume you will receive
an appointment to visit the council premises to view the
information.
What do I do if the information is incorrect?
You must write, indicating what data is incorrect and asking
for it to be corrected. We must tell you what we have done within
21 days of receiving your request. If we do not agree that the
information is incorrect you can ask us to record your disagreement
on your records. You can also appeal to the information
commissioner or the courts.
What if I think I haven't received all the information asked
for?
You can appeal to us through our appeals procedure or to the
information commissioner. The commissioner's staff will look into
the matter on your behalf.
How can I prevent you using information for a purpose that could
cause me damage or distress?
You must write to us giving your reason for asking us to
stop processing.
How will I know you have done as I have asked?
The Act requires us to respond within 21 days after we have
received your request. If we do not or refuse to do as you ask you
can appeal to the court.
How will I know if decisions about me have been made by
automatic means?
We will tell you and ask you to write if you have any
objections. If you object we will make a new decision but not by
automatic means.
What can I claim compensation for?
If we have broken any rules or conditions established by the
Act and you have suffered damage or distress you may be able to
claim compensation. You may also be able to claim compensation if
the damage or distress was caused by our use of inaccurate
data.
How do I make a claim for compensation?
Claims are made through the court and you must show that we
have failed to comply with the Act. In the case of the use of
inaccurate data it must be satisfied that you have suffered damage
as a result of our use of such data.
Do you provide help in understanding the information?
Yes. If you need help contact the council's data protection
manager, Tel: (020) 8825 9606. Email:
dataprotection@ealing.gov.uk