Background


The Data Protection Act 1998 is designed to:


  • protect personal data.

  • allow the individual access to data being held about them. 

  • ensure that anyone dealing with personal data handles it securely and correctly.


Under the Data Protection Act it is the duty of the local Authority to process and protect personal data as within the Data Protection Act principles and to allow access to personal information held on any individual.


The Act was brought in to ensure personal data of an individual is managed, protected and processed correctly, in addition the Act ensures the individual (Data Subject) has rights to access the personal data held about them.


Personal data is defined as data of any kind that relates to a living individual. This encompasses computer or manual data, cctv, emails and any other media.


 


Data Protection Principles


The Council adheres to these principles when processing personal data.  They state that personal data shall be:


  • Processed fairly and lawfully. 

  • Obtained only for specified and lawful purposes and further processed only in a compatible manner. 

  • Adequate, relevant and not excessive. 

  • Accurate and up to date. 

  • Kept for no longer than necessary. 

  • Processed in accordance with the rights of the data subject. 

  • Kept secure. 

  • Transferred outside the UK only if there is adequate protection


 


 Data Subject's Rights


  • The Act gives you the right to:

        • Access information that we hold about you. Your right of access can be exercised in accordance with the Act.

          • If you require any such information, you must submit a written request and pay a fee of £10. We may also require proof of your identity before we supply the information to you; You should note that certain restrictions may apply, for example, if the information you are requesting relates to crime or taxes, health or education records.

        • Ask us to prevent processing that is causing - or is likely to cause – you substantial damage or distress;

        • Require us not to make certain decisions automatically if they significantly affect you;

        • Ask us to make any necessary changes to the personal data we hold about you in order to ensure that it is accurate and up to date;

        • Ask us not to process your personal data for marketing purposes.

          • You also have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your personal data) if we intend to use it for such purposes, or if we intend to disclose it to any third party for such purposes, and at that point you will have the opportunity to ask us not to by checking or un-checking (as directed) certain boxes on the form, or by opting to 'unsubscribe' as directed within the communications we send to you.


 


What the Act means for Bath & North East Somerset Council


The Council may in the course of its duties or services, process data on behalf of the Data Subject and will at all times comply with the Data Protection Act and the principles therein.


The Council's Data Protection Policy is available to view.


 


Further Information


Further information is available from The Office of the Information Commissioner, which is responsible for ensuring that organisations that are processing personal data are doing so in line with the obligations placed upon them by the Data Protection Act.


Information is also available from the Department for Constitutional Affairs, which is responsible for reviewing the operation of the Act, developing a data protection policy, and pursuing the UK's interests in data protection internationally.


Please see the links on the right hand side of the screen for access to these organisations' websites.


 


Enquiries, Feedback and Complaints


If you are unhappy with the Council’s response to your request for personal data, you can contact the Council's Information Compliance Manager via the details at the bottom of this page.


If you are not satisfied with the outcome of this process, you


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