The Data Protection Act 1998
You have a right to request a copy of all information the Council holds about you. This is called a Subject Access Request.
What is Personal data?
Personal data is information that relates to a living individual who can be identified from that information, for example, names and addresses. The Act also protects 'sensitive' information you supply to the Council, including, information about your health, racial or ethnic origin and the commission or alleged commission of any offence.
How do I make a Subject Access Request?
The request must be made in writing or on a Personal Data Protection Request Form (Word, 98.5Kb)
The request must include two documents which prove your identity, such as a passport, driving licence, or a utility bill which should be less than three 3 months old. At least one of the documents must should contain your signature to compare it with the one on the form. You may supply the documents by presenting them in person. If making your application by post, please send photocopies.
The request should provide as much detail of the information you are seeking as possible. For example, which department holds it and any reference numbers which you have.
The Council charge £10 to provide this information and this should accompany the request.
The application, proof of identity and £10 cheque should be sent to :-
Information & Records Manager
IT & Customer Services
Cunninghame House
Irvine
KA12 8EE
What happens next?
Your request will be acknowledged within 3 working days. We will respond to your request within 40 days.
What will I receive?
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You will be sent a copy of all, or part, of the data we hold about you and an explanation why some data cannot be provide
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Reasons why we keep your data
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Details of who we share your data with.
Can I see all the Information that is held about me?
Usually you will be given a copy of all the information that the Council keep about you. However, there are times when we will withhold some information. This information can include:
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Information about another member of your family, unless explicit permission has been given by that person
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Information which has been given about you by a person who does not work for or on behalf of North Ayrshire Council, unless again explicit permission has been given by such an individual.
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Information which may prevent the detection of a crime or prosecution of an offender, or which may affect a legal matter such as care proceedings.
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Information, which it is believed would cause you or another person, serious physical, mental or emotional harm if, shared or disclosed.
Asking for information on someone's behalf
You can ask a third party representative to act on your behalf when making a Subject Access Request, such as, a solicitor, financial advisor, doctor, carer or family member. In this case, the Council must be satisfied that you have consented to this arrangement so we will ask your representative to demonstrate this.
Parental and guardian rights
In cases where data subjects are incapable of understanding or exercising their rights, for instance because they are too young, then Subject Access Requests may be made by parents or other persons who are legally able to act on behalf of the data subjects.
What if I want to change or amend information that is held about me?
If you believe that the information we hold about you in our records is incorrect you can request that it is removed or corrected. We will consider your request and may ask for further details or evidence to support it. If we are satisfied that the information we have is inaccurate we will make sure that it is either erased or amended.
The Council's Data Protection Responsibilities
The Data Protection Act regulates how organisations like the Council collect, process, store and if appropriate, disclose personal information held electronically and in paper files. The Data Protection Register records how we do this.
More information is available on the Information Commissioner's Office.
Data Protection Registration
The Council's Data Protection Registration entry is Z4840237, this expires on 21 August 2012.