Data Protection - Rights Information

Data protection law changed on 25 May 2018 with the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) replacing the Data Protection Act 1998 (Directive 95/46/EC).

The GDPR is a regulation by which the European Parliament, the Council of the European Union, and the European Commission intend to strengthen and unify data protection for all individuals within the European Union (EU). It also covers the export of personal data outside the EU.The government has confirmed that the UK’s decision to leave the EU will not impact on the provisions of the GDPR.

GDPR promotes individuals take control of their personal data through a series of rights:

Right to be informed

Our corporate privacy notice will tell you in clear language who we are, why we collect your personal information, how we use it, who we may share it with and how long we may keep the information for. We also publish additional information in relation to our directorates and service areas which can viewed on our corporate policy page.

Further information is available on the Information Commissioner's website.

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Right of access

You have a right of access to the information that the council holds about you. This is called subject access and also includes access to CCTV images of yourself. Further information can be found on our dedicated subject access requests page.

Further information is available on the Information Commissioner’s website.

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Right to rectification

If you feel that the information that we hold about you is inaccurate or incomplete you have the right to ask for it to be rectified. Requests will be considered and inaccurate information be rectified within one month, although for complex rectification requests, this can be extended by two months. If we feel that the information we hold is accurate and does not require rectification, we will provide you with a written explanation.

Further information is available on the Information Commissioner's website.

  • Please use the application form to submit a request for rectification to the Information Governance Team.

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Right to erasure

Also known as the right to be forgotten, you may request that information we hold about you is erased. This is not an absolute right and we will assess the information and in specific circumstances the information may need to be kept. For example, if we require the information for compliance with a legal obligation we may need to retain information relating to safeguarding referrals or council tax liability.

Further information is available on the Information Commissioner's website.

  • Please use the application form to submit a request to restrict processing to the Information Governance Team.

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Right to restrict processing

This allows you to block or suppress the processing of your personal data. This means that we can retain your information, but not process it any further. We will need to keep some information to ensure that we are able to maintain the restriction. For example, an individual may contest the accuracy of the data we hold about them and we need to stop processing the data until the accuracy is verified.

Further information is available on the Information Commissioner’s website.

  • Please use the application form to submit a request to restrict processing to the Information Governance Team.

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Right to data portability

This allows you to obtain and reuse your own data for your own purposes. This only applies to data provided to the council by the data subject, where the processing has been on the individual’s consent or for the performance of a contract and that processing has been carried out by automated means. An example of this could be transactional data.

Further information is available on the Information Commissioner’s website.

  • Please use the application form to submit a request of data portability to the Information Governance Team.

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Right to object

You may object to processing based on the legitimate interests, public interest or exercise of official authority or direct marketing or for the purpose of scientific/historical research and statistics. Individuals must have an objection on grounds relating to their own particular situation. The council must stop processing unless we have compelling legitimate grounds which override the interests, rights and freedoms of the individual concerned or the processing is for the exercise of legal claims.

Further information is available on the Information Commissioner’s website.

  • Please use the application form to submit an objection to the Information Governance Team.

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Rights related to automated decision making including profiling

You have the right not to be the subject of a decision if it is based on automated processing and it produces a legal effect or other significant effect on you. This right does not apply where processing is necessary for the performance of a contract, authorised by law (including fraud) or there is explicit consent.

Further information is available on the Information Commissioner’s website.

  • Please use the application form to submit an objection regarding automated decision making to the Information Governance Team.

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Further Help

If you require further assistance, please contact the Information Governance Team by telephone on 01733 452533 or email foi@peterborough.gov.uk.

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Processing Request