What are your rights?
Under the UK General Data Protection Regulation (known as “GDPR”) and the Data Protection Act 2018, you have the right to find out what information Redcar & Cleveland Borough Council (as well as other organisations) store about you.
These apply to where Redcar and Cleveland Borough Council is ‘processing’ your personal data and include rights to:
- be informed about how your data is being used
- access personal data (subject access request)
- have incorrect data updated/rectified
- have data erased
- stop or restrict the processing of your data
- data portability (allowing you to get and reuse your data for different services)
- object to how your data is processed in certain circumstances
You also have rights when the Council or other organisations use your personal data for:
- automated decision-making processes (without human involvement)
- profiling, for example to predict your behaviour or interests
Find out what information is held about you
You can make a request to exercise your data protection rights verbally or in writing. However, to help us to find your data and understand your request more effectively, we ask that you complete our Subject Access Request Form.
The Subject Access Request Form can be downloaded below or obtained from any of the Council’s offices. Help is available with filling in this form should you need it.
The Council uses personal data for many purposes including the provision of services such as Council Tax, Environmental Health, Social Services, Education, Planning and Public Health.
In order to find the personal data you are looking for, please describe the information you are seeking, along with dates if relevant.
It would be helpful if you could also provide any department/team names and reference numbers that you know of.
This is to help in the search and to allow us to provide what is relevant as efficiently as possible.
Please complete the Subject Access Request Form and send it by email to informationgovernance@redcar-cleveland.gov.uk along with two forms of identification.
Alternatively, you can print and complete the Subject Access request Form and return by post to:
Redcar & Cleveland Borough Council
Information Governance Team
Resources Directorate
Redcar & Cleveland House
Kirkleatham Street
Redcar
TS10 1RT
How long will it take to provide a response?
The Council will aim to respond to Subject Access Requests without undue delay and within one month of receipt of the request.
If the request is deemed complex or numerous, then the Council may need to extend this by two further months where necessary. If we do this, we will inform you and provide reasons for the delay.
Requests for CCTV footage
A list of all of our CCTV camera locations is available on the Council’s FOI Publication Scheme.
More information about how we process personal information from our CCTV Cameras can be found using the link below:
Please note that footage cannot always be released given that the data protection rights of others also need to be protected.
If your request is for CCTV footage containing personal data captured by our CCTV systems of yourself or someone you have legal authority to represent, you will need to submit a Subject Access Request.
If you are an organisation wishing to request the disclosure of CCTV footage containing someone else’s personal data under a specified exemption, for example for ‘crime and taxation purposes’, ‘in connection with legal proceedings’, or ‘immigration purposes’, you can submit a request for disclosure under the Data Protection Act 2018.
This will allow Redcar and Cleveland Council to consider your request, which we consider on a case-by-case basis in line with legal requirements.
Please complete the DPA Request Form below (or alternatively your own organisation’s request form).
To help us respond effectively, please make your request specific, be clear about the exemption you consider applies, and where applicable, tell us the lawful basis that you would like us to consider for the disclosure.
Please return the completed Data Protection Act request form to us by email to informationgovernance@redcar-cleveland.gov.uk or alternatively you can return by post to:
Redcar & Cleveland Borough Council
Information Governance Team
Resources Directorate
Redcar & Cleveland House
Kirkleatham Street
Redcar
TS10 1RT
How do I exercise my other rights?
If you wish to exercise any of your rights under UK GDPR, please write to the Information Governance Team, explaining which right you would like to exercise and provide any additional information which may help us with your request.
We will respond to all requests without undue delay and within one month of receipt of the request. If the request is complex, we may extend the time to respond by a further two months.
Access to a deceased person’s records
The UK GDPR and Data Protection Act 2018 only applies to living individuals, so an application for access to a deceased person’s records held by us cannot be made under the right of subject access.
Any request for the personal information held by the Council where the subject is deceased, should be made by their ‘Personal Representative’, defined as the person who is entitled to administer the estate of the deceased person under the law relating to wills and probate.
Evidence will be required in the form of either a Grant of Probate or Letter of Administration.
There is a common law duty of confidentiality and in considering requests for information relating to someone who is deceased, consideration will be given to whether the information had been provided in the expectation that it would remain confidential.
We will consider requests for deceased person’s records under the terms and provisions of the Freedom of Information Act 2000. Please visit our Freedom of Information page for further information on how to submit a request.
What do I do if I am not happy with a response I have received or how my data is being handled?
You can complain to the Council in the first instance if you are not happy with how we have handled your personal data. If you wish to make a complaint, you can contact the Data Protection Officer using the below details:
Data Protection Officer
Redcar and Cleveland Borough Council
Redcar & Cleveland House
Kirkleatham Street
Redcar
TS10 1RT
InformationGovernance@redcar-cleveland.gov.uk
01642 774774
You can seek advice and have the right to make a complaint to the Information Commissioner’s Office (ICO). The ICO is an independent body set up to uphold information rights in the UK. You can contact them through the ICO website www.ico.org.uk, their helpline on 0303 123 1113, or in writing to:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF