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Data Protection Act 1998

Personal Information - Your Right To Know

 
This page explains your rights, as a user of Council services, to see your personal information and to be provided with details about the uses to which it is put.
 

Why does the Council hold personal information?

Harlow District Council keeps personal information about you in order that it can provide you with the services you require; collect Council Tax or rent, assess the correct level of benefit for your needs and provide you with up to date information about Council services.

With whom is this information shared?

Information you provide may also be shared with other agencies involved in the provision of services to you and between departments of the authority, where you have agreed to this and where we are legally required to do so. The information will only be the minimum necessary to enable us to provide services to you.
 
Your personal information may also be disclosed to Government departments, where we are required to do so by law.
 
Information may also be provided to Government departments or others for statistical research, but this will not include you name and address, unless you have given us permission to provide that information.
 

How is information kept and who is responsible?

The information is held confidentially either on computer or in secure manual filing systems.
 
The department providing the service to you is responsible for maintaining your records and keeping them secure. For example, the Registration Officer is responsible for the Electoral Register.
 
The authority’s employees have a duty of care when providing services to you, which includes respecting your right to confidentiality and ensuring that information is only used and given to others for the purpose of the service being provided.
 

Do I have the right to see all my personal information?

You have the right to ask if we hold personal information about you, and, if so, what it is used for and to be provided with a copy. You also have the right to know whether we disclose your personal information to other persons or organisations and to ask for incorrect data to be corrected.
 
You are entitled to see you personal information, with some specific exceptions. For example, you will not be allowed to see personal information that contains details about someone else - even a member of your own family - until that person has given permission.
 
In cases where any personal information relates to your health, we may need to ask the relevant health professional for permission to disclose this information to you.
 
Certain information is exempt from the requirements of this legislation and will not be supplied. The main exemption would be when information is held for:
  • Prevention and detection of crime
  • Apprehension and detection of offenders
  • Collection of any tax or duty or imposition of a similar nature, which would prejudice those purposes in a particular case.

 

However, we will ensure that you are given a full explanation at the time of why this information is exempt.
 

How can I apply for access to my personal information?

You will need to fill in a Data Subject Access Form and provide us with enough information to confirm your identity. If you have difficulty with the form the Council’s Contact Harlow advisors will help you complete it. You may wish for assistance or support from outside the Council; the Citizen’s Advice Bureau may be able to help you.
 
A fee of £10.00 is payable for each application. This should be sent with, or tendered at the same time as, the completed application form. Cheques and Postal Orders should be made payable to “Harlow District Council”. Credit cards will be accepted for payment.
 
The information given will be in the form of a printout from the computer system or a photocopy of your manual file, except where the supply of such a copy is not possible or would involve disproportionate effort. In these instances a mutually convenient time will be arranged for you to view the information.
 
The Council will respond within 40 days of receiving your correctly completed application.
 

What should I do when I receive the information?

You should check it to ensure that you have received all the information you are entitled to and to make sure it is correct.
 
If you think there is information on the file, which is wrong, you may inform us in writing and ask us to correct it. We will then consider your request and if justified make the corrections or let you know, in writing, why we will not be making the changes requested.
 

Further information:

These notes are for guidance only. The law is set out in the Data Protection Act 1998, a copy of which is obtainable from The Office of Public Sector Information (www.opsi.gov.uk).  Further information and advice may also be obtained from:
 
The Information Commissioner's Office
Wycliff House
Water Lane
Wilmslow
Cheshire SK9 5AF
Web site: www.ico.gov.uk