What is the Data Protection Act 2018?
It is a law, which came into force on 25th May 2018. It was introduced to protect personal data, that is data about individuals (you and me) no matter how it is processed, what it is processed for or who processes it.
How does it protect personal data about you?
By setting rules and conditions which all users of personal information such as Redcar & Cleveland Borough Council (the Act calls us a Data Controller) must obey when obtaining and using information about you. The Act also provides you with certain rights, which the Council must respect.
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
Why do we keep personal information?
So that we can provide you with the services you require, collect the council tax, collect rent, calculate housing benefit etc. and maintain a record of the services provided.
What services does the Council provide?
In addition to those above Redcar & Cleveland Borough Council provides the following:
- Social Services
- Education
- Library and Leisure services
- Consumer Protection
- Housing
- Refuse collection and cleansing
- Planning
- Licensing
- Environmental Health.
Does the Council need your consent to use information about you for any of these purposes?
We require your consent only if we are going to process data about you for purposes other than those we are required to provide by law or in the public interest, or where we intend using data required for one legal purpose for another.
All application forms and requests for information explain why we require the information requested and whether or not we need your consent.
Your personal data may be disclosed to the Electoral Registration Officer for the purpose of maintaining the electoral register.
How do you ask to see information 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 Publication Scheme Freedom of information publication scheme | Redcar and Cleveland (redcar-cleveland.gov.uk)
More information about how we process personal information from our CCTV Cameras can be found here:
CCTV codes of practice | Redcar and Cleveland (redcar-cleveland.gov.uk)
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.
Please follow the guidance above under ‘Exercising your data protection rights’ to submit your 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.
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Document
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
What do you do if the data are incorrect?
You must write to the Council telling us what data are incorrect and asking for the data to be corrected. We must tell you what we have done within 21-days of receiving your request.
If the Council does 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 court if the Council does not correct the information.
What do you do if you think you have not been given all the information you asked for?
You can appeal to the Council through our complaint’s procedure Corporate complaints and feedback | Redcar and Cleveland (redcar-cleveland.gov.uk), or you can appeal to the Information Commissioner. The Commissioners staff will investigate the matter on your behalf.
How can you prevent the Council from using information about you for Direct Marketing or stop it from using information for a purpose, which could cause you damage or distress?
You should write to the Council asking us not to process your information for the first of these.
If you think that the use could cause you damage or distress, you must also write to the Council, this time giving your reasons for asking us to stop the processing.
How will you know if the Council has done as you asked?
The Act requires us to respond no later than 21 days after we have received your request. If we do not do so or refuse to do as you ask you can appeal to the court.
How will you know if decisions about you have been made by automatic means?
The Council will tell you and ask you to write if you have any objections. If you do object, the Council will make a new decision, but this time will not do so by automated means.
What can you claim compensation for?
If the Council has broken any of the 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 you make a claim for compensation?
Claims are made through the court which will only support these if you can show that the Council had not taken reasonable care to ensure it complied with the Act and in the case of the use of inaccurate data it is satisfied that you have suffered damage as a result of our use of such data.
Does the Council provide help in understanding the information?
Yes, if you need help with the information provided or the application forms, please let us know and we will provide someone to assist you. A translation service is also available.