The Data Protection Act 2018 regulates the way in which the council manages your personal data. The core principles underlying it are designed to keep your personal information confidential, accurate and secure.
North Ayrshire Council is a local authority established under the Local Government etc. (Scotland) Act 1994. You can contact our Data Protection Officer at the details shown below. Our Data Protection Policy (PDF, 695kb) provides details of how we comply.
In order to provide services we need you to give us personal information. We will use your personal data to verify your identity where required and to make contact with you by post, email or telephone and to maintain our records.
The Council provides services to you as part of our statutory functions. In delivering our functions and activities, it may be necessary for us to process more sensitive personal information about you for reasons of substantial public interest. These are set out in the Data Protection Act and include:
- to carry out key functions as set out in law
- in order to meet our legal obligations in relation to employment, social security and social protection law
- in order to protect your vital interests or the vital interests of others in circumstances where we will not be able to seek your consent
- where this is necessary for the establishment, exercise or defence of legal claims
- for the purposes of provision of social care systems and services where this is necessary in the public interest in the area of public health
- for archiving, research and statistical purposes
If we are using your information because:
- it is required for us to have a contract with you
- you have consented to give it
Then if you do not provide us with the information we have asked for, we will not be able to provide that service to you.
Make a Subject Access Request
Data protection legislation gives you a legal right of access to your personal data. This is called a Subject Access Request. Requests must be made in writing or on a Personal Data Protection Request form (Word, 82kb).
You must include:
- as much detail of the information that you are seeking as possible to locate the data requested eg which department holds it and any reference numbers
- proof that you are the individual and you will need to provide 2 documents in support. This could include: a passport, driving licence or a utility bill which should be less than 3 months old. At least 1 of the documents must contain your signature for comparison purposes.
You may supply the documents by presenting them in person. If making your application by post, please send photocopies.
Your application and proof of identity should be sent to the address below.
What happens next?
Your request will be acknowledged within 3 working days. We will respond to your request within 30 days.
Once we respond to your request, you will receive:
- a copy of all, or part, of the data we hold about you and an explanation why some data cannot be provide
- reasons why we keep your data
- 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 keeps about you. There are times when we will withhold some information, such as:
- information about another member of your family, unless explicit permission has been given by that person
- information which has been given about you by a person who does not work for, or on behalf of, North Ayrshire Council, unless explicit permission has been given by such an individual
- information which may prevent the detection of a crime or prosecution of an individual, or which may affect a legal matter such as care proceedings
- 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 3rd 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.