Making a Subject Access Request: Guidance notes
1. What is the Data Protection Act?
This Act affects all data controllers of computerised and manual filing systems and specifies how we can use personal information. As a controller of many computerised and manual systems, the Council must ensure that personal information is obtained and processed lawfully, used for specified purposes only and that it is relevant and accurate. The Council must also ensure that information is not kept longer than necessary and that security measures are in force to prevent unauthorised access and accidental loss.
The Council has had to specify what information is held and what it is used for in a Notification process. The person who is responsible for overseeing all data controllers is the Information Commissioner who is appointed by the Government. His address is in section 6.
3. What are your rights?
Any member of the public may inspect the Council’s Notifications (one for Electoral Registration and another for the rest of the Council’s systems) at East Cambridgeshire District Council, The Grange, Nutholt Lane, Ely, Cambridgeshire, CB7 4EE. Copies of the Council’s notifications are available for inspection at The Grange.
As an individual, you may also:
i) Apply for a copy of any personal information about you held on the Council’s computers and in manual filing systems;
ii) Have any information corrected, if wrong, or erased if inappropriate.
4. Applying for a copy
You can apply for a copy of information held about you at East Cambridgeshire District Council. A fee of £10 is payable for this and you will need to provide proof of identity (e.g. Passport, Driving Licence). The Subject Access Request form, should be filled in, providing as much detail as possible to enable us to process your request.
Please note it will be necessary to print off the completed declaration, provide proof of identity and pay the necessary £10 fee by visiting the reception at East Cambridgeshire District Council.
The receptionist will check your form and give you a receipt for the application and the fee. The request will be passed to the Data Protection Officer who will deal with it. It may be necessary to request more detailed information in order to be satisfied of the identity of the Data Subject or to enable the data to be located.
The Council then has to write to you detailing the information held about you within forty calendar days either of receipt of the initial request or of the additional information requested.
You may also apply by post for a copy of information to the Data Protection Officer at the address given on the form.
5. Challenging the information
When you have received your copy of the information, if you are not satisfied that the information is correct or that it is relevant, you may challenge the fact by writing to:
Data Protection Officer, Legal Services, East Cambridgeshire District Council, The Grange, Nutholt Lane, Ely, Cambridgeshire, CB7 4EE
This Officer will normally, in the first instance refer the complaint to the relevant Head of Service for the Service Area concerned to examine the complaint.
If you have a complaint regarding any aspect of your treatment while applying for information, you should write to the Data Protection Officer at the above address. You may, alternatively, wish to write to the Information Commissioner at the address below who will then investigate the complaint on your behalf.
Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF