The current Data Protection Act 1998 regulates the way in which the council manages your personal date. The core principles underlying it are designed to keep your personal information confidential, accurate and secure.
Data protection laws are changing. From the 25 May 2018 the General Data Protection Regulation (GDPR) comes into force. GDPR is a European regulation that sets out the changes that the UK will need to implement. New UK data protection legislation is currently going through the parliamentary process.
The new legislation aims to give you more rights and control over how your information is handled by organisations. Our Data Protection Policy (PDF, 640kb) sets out the way we will comply.
The Council is required to be registered as a data controller with the UK Information Commissioner. Our registration code is Z4840237.
Personal data is information that relates to a living individual who can be identified from that information, for example, names, addresses, council tax reference number, benefit entitlements etc. The Act also protects special category (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.
If you have any concerns about data protection, please email or write to our Data Protection Officer, Rose Johnston, detailing your concerns.
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.