What is the Data Protection Act 1998?
The Act protects the personal data about you by setting rules and conditions which apply to all users of personal information, such as Havering Council ("the Council"). The Act refers to users of personal information "Data Controllers" who must work within the requirements of the Act when obtaining and using information about you.
What are your rights?
- To ask what personal information the Council holds about you
- To be given a copy of the information (There may be a £10 charge for this)
- To be given details about the purposes for which the Council use the information and of other organisations or persons to whom it is disclosed
- To ask for incorrect data to be corrected
- To ask the Council not to use personal information about you for direct marketing; which is likely to cause damage or distress
- To be compensated for damage or distress should these be caused by our failure to comply with certain requirements of the Act
What personal information do we hold?
The Council hold a vast range of information, some of which is personal. A few examples are: Registers for Council Tax & Business Rates, Births, Deaths & Marriages, Electoral Registration, Education records, Social Services & Housing Files
The following links are to the Councils annual notifications with the Information Commissioner for all personal data we hold:
The London Borough of Havering
http://www.esd.informationcommissioner.gov.uk/esd/DoSearch.asp?reg=2829885
http://www.esd.informationcommissioner.gov.uk/esd/DoSearch.asp?reg=2804757
Superintendent of Births, Deaths & Marriages of London Borough of Havering
http://www.esd.informationcommissioner.gov.uk/esd/DoSearch.asp?reg=2803849
Electoral Registrar for the London Borough of Havering
http://www.esd.informationcommissioner.gov.uk/esd/DoSearch.asp?reg=3183206
Do we need your consent to use information about you ?
Normally, personal data we hold about you has been collected for a specific purpose. However, occasionally consent may be required when using data for a different purpose from that for which it was gathered. Consent is not required where we are obliged under law to assist in the prevention and detection of crime or where the information is required to perform a statutory function such as Council Tax . All application forms and requests for your personal information explain why we require the information requested and whether or not we need your consent.
Requesting access to information we hold
If you wish to make a request to receive information held about you by the Council, you will need to write to us providing your name, address and any other details that could help us find your information. Please be specific - for example, advise where you feel the information you require may be held (e.g. Education), a date range (e.g. from January 2003 - present day) or maybe a subject the information concerns (e.g. housing file)
There are circumstances where the Council may not be able to provide you with all of the information they hold about you. For example, where information will be disclosed relating to a third person. In these cases, the Council may need to obtain permission to provide you with the information. There are other circumstances that may result in information being exempt from disclosure - full details can be found on the Information Commissioners website.
You will need to write to us making your request, the following link gives advice on making a subject access request and a suggested letter text from the Information Commissioner. You can also use the online form found on the Access to Information page. Along with your request, we will also require proof of your identification to ensure you are entitled to the information.
The legislation allows the Council to charge a fee of £10 to cover the cost of collating and copying the information required. You will be notified if the fee applies and a cheque made payable to "London Borough of Havering" should be sent to the Information Governance Team (contact details above right) before the documents will be released to you.
What happens next?
The Act allows the Council 40 days to collate and prepare the information requested. Once we have confirmed your identification and cleared any fee payable, the documents will be posted to your address by Royal Mail recorded delivery.
If you feel you have not been given all of the information you requested, you can appeal to us directly by contacting the Information Governance Manager or you can appeal to the Information Commissioner. The Commissioner's staff will look into the matter on your behalf.
If the data is incorrect you must write to us and tell us what data is incorrect and ask for the data to be corrected. We must confirm it has been corrected within 21 days of receiving your request. If we do not agree that the information is incorrect you can ask the Council to record your disagreement on the record. You also have the right to appeal to the Information Commissioner if the Council does not correct the information.
Requests for Personal Information under Section 29- Crime and Taxation
Requests made under the above exemption by police and other professionals with powers, will only be accepted in writing together with details of the powers and grounds for the request. These will be handled by the Head of Service or Executive Director that owns the information to authorise disclosure.
Age of Consent regarding Minors
The Council will accept requests from parents/guardians for their child's personal information where the child is aged 12 years and under. Requests for children aged 13 yrs+ must be made by the child unless the parent/guardian has been given consent to make the request or can provide professional/specialist opinion to prove the child is incapable of making the request.