THE DATA PROTECTION ACT 1998
The Data Protection Act exists to place safeguards on personal information held about you by organisations such as Horsham District Council. The Act applies to computers and certain types of paper filing systems and gives rules for the way organisations treat personal information about you. Horsham District Council uses a wide range of personal data to carry out its activities, and has its own set of rules, procedures and policies to ensure it complies with the law.
How do I find out what information is held about me?
If you wish to view information that the Council holds about you, you must make what is known as a Subject Access Request. There is a fee applicable which is £10 (ten pounds).
A request may be made to the council if you think it processes personal information to which you want access.
You are entitled to be told if any personal date is held about you AND if so:
- To be given a description of the data.
- To be told for what purposes the data is processed and
- To be told the recipients or the classes of recipients to whom the data may have been disclosed.
You are also entitled:
- To be given a copy of the information with any unintelligible terms explained.
- To be given any information available to the controller about the source of the data
- To be given an explanation as to how any automated decisions taken about you have been made.
For further information on the Data Protection Act please click here. Alternatively you can visit the Information Commissioners website at http://www.ico.gov.uk/
If you would like to use our request form, please scroll to the bottom of this page to download a 'PDF' version.
The Council's Privacy Policy can be viewed online.
How do I make a Subject Access Request?
Your request for information must be made in writing and you will need to provide proof of identity. The Council may ask for information it reasonably needs to verify your identity and to locate the data. You may also need to provide the council with information such as whether for example you are a customer or employee of the council. An open ended request for access such as “Give me a copy of all the information you hold on me” will not be sufficient for the Council to locate the information being sought. Information which may assist the Council to locate the data might include details of data thought to be held, the relevant departments, dates of documents, relevant periods etc.
When we have received your request, fee and accompanying documents, we must give you the information within 40 calendar days.
Sometimes, your personal information may contain information about other individuals. This is referred to as 'third party information'. You are only permitted to access information about you and we may have to withhold or edit information, so that it does not identify third parties.
Information that may be withheld
In principle individuals have access to all personal data held about them, however, there are a few exceptions. In particular personal data may be withheld, if providing you with the information would be likely to affect
- the way crime is detected or prevented
- catching or prosecuting offenders
- assessing or collecting tax or duty; or
- the data identifies other people who have not consented to the disclosure of their data.
Can I use email to make a subject access request?
No, because you need to provide original proof of identity/authority and you cannot do this by email. You may also need to provide us with quite detailed personal information, so that we can find your records. Sending this type of information to us by email is not very secure, so it is better if you use our application form.
Can I make a request for someone else?
Yes, but we need to be absolutely sure that you are authorised by them to make the request. Proof must be in writing and signed by that person.
Sometimes the person who you are making the request for is unable to exercise their right of access because they are too young or they do not have the mental capacity to understand their rights.
Parents/carers are able to make applications on behalf of children, but they have no automatic right to the information. If a child is old enough to give informed consent of the information, the Council will be guided by their wishes. In all cases, disclosure of information will only occur if it is in the best interests of the child.
Authority to act on behalf of an adult lacking mental capacity would normally require a lasting power of attorney, which we will ask to see a copy of before we disclose the information.
Subject Access Requests should be sent in writing to:
The Communication and Information Officer
Horsham District Council
Park North
North Street
Horsham
RH12 1RL
Can I request information about a deceased person?
The Data Protection Act only applies to identifiable living individuals. A deceased individual access request will therefore be dealt with under the Freedom of Information Act.
What can I do if access is not given to me?
Although there are some limited circumstances in which access can be withheld access should normally be provided to you. If you feel your request has not been complied with you may take further action as follows:
Write back to the Council setting our why you think that the information should have been provided to you. If you receive a response to which you are not satisfied the following options are available:
- You may apply to the court alleging a failure to comply with the subject access provisions of the Data Protection Act 1998.
- You may write to the Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Information Request Form
Information Request Form (160kb)
For further information or help in filling out the form, contact the Council's Communication and Information Officer on 01403 215571.