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Data Protection Act

Data Protection – Your rights

Data protection law provides you with the following individual rights relating to your personal information:

 

Right of access

You have the right to know, and have access to, the personal information Flintshire County Council holds about you. This includes your personal information along with:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
  • the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
  • Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.

 

Right to be informed

The Council will inform you how we collect, use, retain and disclose your information.  The Council will do this when your information is collected by providing you with a privacy notice relating to the service you are accessing.

The privacy notice will include transparent and accessible information and could be provided in writing, verbally or by use of a QR code reader  depending on how the information has been collected.

Some information the County Council has to provide to you remains the same no matter which service you access.  This information can be found within Flintshire County Council’s privacy notice.

 

Right to rectification

You have the right to request for your information to be corrected if you believe the information the Council holds about you is inaccurate or incomplete.  You must explain to us where you believe the information is incorrect.

The Council will consider your request and will either rectify your information or decide to keep the existing information it holds about you if it believes this information is accurate and complete.  In these circumstances we will let you know this and explain to you why this is the case.  We will place a note of your request to indicate that you questioned the information’s accuracy at this time.

 

Right to erasure

You have the right to request for your information to be erased.  This is sometimes called the ‘right to be forgotten’.

The Council will not always have to erase your personal information.  For example your information will not be erased if the Council has a legal obligation to hold it as is the case with Council Tax data.

You have the right to have your personal information erased when:

  • Your information is no longer necessary in relation to the purpose for which it was originally collected/processed.  The purpose of collection is stated on the privacy notice provided to you when the Council first collected your information.
  • When you withdraw consent - if consent was used as the original lawful basis for processing your information.  The lawful basis for processing can be found on the privacy notice.
  • When you object to the processing and there is no overriding legitimate interest for continuing the processing.
  • Your information was unlawfully processed (i.e. otherwise in breach of data protection law).
  • Your information must be erased in order to comply with a legal obligation.
  • Your information is processed in relation to the offer of information society services to a child.  Examples of information society services are online shops, live or on-demand streaming services and communication networks i.e. Facebook and Twitter.

 

Right to restrict processing

You have the right to request for the processing of your personal information to be restricted or ‘blocked’.

This means the Council would not be able to do anything further with your information other than store it.

You have the right to have the processing of your information restricted in the following circumstances:

  • If you believe the information the Council holds about you is inaccurate.
  • If you object to the processing, where it was necessary for the purpose of performing a public interest task, and the Council is considering whether its legitimate grounds override your objection.  This would be decided on a case by case basis and we would inform you of the outcome.
  • When processing is unlawful and you do not want the information erased.
  • If the Council no longer needs the information but you require it to establish, exercise or defend a legal claim.

 

Right to data portability

The right to data portability means that the Council must give you your personal information in a re-usable format.  This will allow you to reuse your information for your own purposes. 

This right only applies when:

  • You provided the Council with the information
  • Your information is being processed with your consent or under a contract
  • The processing is carried out by automated means

Where the right to data portability applies the Council will provide you with your personal information in an open, machine readable format.  If you request that the Council transfer your information to another organisation this will be completed where technically possible.

 

Right to object

You have the right to object to:

  • Your information is being processed by the Council under the lawful condition for ‘the performance of a task in the public interest / exercise of official authority’.  Conditions are listed within the privacy notice provided when the data was initially collected from you.
  • Direct Marketing (including profiling)Processing for purposes of scientific/historical research and statistics

You must state what your objections to the processing are relating to the specific situation.

The Council does not have to stop processing if it can demonstrate overriding legitimate grounds to continue or if the processing relates to a legal claim.

 

Rights in relation to automated decision making and profiling

When the Council undertakes solely automated decision making and profiling, which has legal or other significant effects on you, it will only do this if:

  • It is necessary for contractual reasons
  • Authorised by law
  • It has your explicit consent

If any of your information involves automated decision making and / or profiling, you will be informed of this and what it means to you in the privacy notice provided to you when you first supplied the information.

If you disagree with the results of the decision you have the right to request that the Council review it, this is known as human intervention. 

 

How to make an individual rights request

If you would like to make an individual rights request please contact the County Council by completing the online form here.

Alternatively you can write to:

Information Governance Team

Flintshire County Council
County Hall
Mold
Flintshire
CH7 6NA

Data Protection Officer 01352 702802

There is usually no charge for requests. The Council reserves the right to charge a ‘reasonable fee’ when a request is manifestly unfounded or excessive for example if it is repetitive.

Please ensure you provide a copy of two pieces of information which will allow the Council to verify your ID. These should include your name, address, signature and where possible your photograph e.g. a copy of your passport or photocard driving licence.

Once you have made a valid request you will receive an acknowledgement and your request should be answered within a calendar month.  In certain circumstances the Council is allowed to take longer to answer you and will inform you promptly if this situation arises.

Further information on all these rights and how they apply to you can be found on the Information Commissioner’s Office website.

 

How to make a complaint

Please contact our Data Protection Officer on:

dataprotectionofficer@flintshire.gov.uk

or

Data Protection Officer

Information Governance
County Hall
Mold
CH7 6NA

01352 702802

For further information on the Council’s data protection complaints procedure please follow the link below:

Data Protection Complaints Procedure

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