Access to Information

Individual Rights under GDPR

Individual Rights under the General Data Protection Regulation (GDPR) (effective from 25th May 2018)

The GDPR provides the following rights for individuals:-

1. The right to be informed

Individuals have the right to be informed about the collection and use of their personal data.  The Council do this by providing privacy notices -see our privacy notice page.

 

2. The right of access

Individuals have the right to access their personal data, this is commonly referred to as a subject access request. The right of access gives individuals the right to obtain a copy of their personal data. An individual can make a subject access request verbally or in writing. There is no longer a £10 fee for this, and the Council have one month to respond.

 

3. The right to rectification

The GDPR includes a right for individuals to have inaccurate personal data rectified, or completed if it is incomplete. An individual can make a request for rectification verbally or in writing.

 

4. The right to erasure

Individuals have a right to have personal data erased. This right is also known as the ‘right to be forgotten’. Individuals can make a request for erasure verbally or in writing. The Council have one month to respond to a request. This right is not absolute and only applies in certain circumstances.

 

5. The right to restrict processing

Individuals have the right to request the restriction or suppression of their personal data. This is not an absolute right and only applies in certain circumstances. When processing is restricted, the Council are permitted to store the personal data, but will not use it. An individual can make a request for restriction verbally or in writing.

 

6. The right to data portability

The right to data portability allows individuals to obtain and reuse their personal data for their own purposes across different services. It allows individuals to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way, without affecting its usability. The right only applies to information an individual has provided to the Council. This right only applies when the lawful basis for processing this information is consent or for the performance of a contract and the processing is carried out by automated means.

 

7. The right to object

Individuals can object to the processing of their personal data in certain circumstances. Individuals have an absolute right to stop their data being used for direct marketing. An individual can object when the lawful basis for processing is based on public task or legitimate interests. An individual can make an objection verbally or in writing and the Council have one month to respond to an objection.

 

8. Rights in relation to automate decision making and profiling

An individual has a right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly affects him or her.

 

For further information on individual rights visit the Information Commsisioner’s webpage at www.ico.org.uk.

 

If you wish to exercise any of your individual rights contact the Data Protection Officer by emailing dataprotection@hartlepool.gov.uk or telephone 01429 523087.