Are we holding incorrect information about you
If you believe we are holding inaccurate personal data about you, what should you do?
Write to us
You should write to us to say what you believe is wrong with the personal data and what should be done to correct it.
There is no particular form of words that you need to use, provided that you make clear the following:
- your identity and the personal data to which you refer
- what should be done to correct the personal data
If you are sending the letter by post, it is advisable to send it by recorded delivery. The letter may be sent by email provided that we are able to identify you and the personal data to which you refer from your letter. The letter must be capable of being used for subsequent reference.
You should keep a copy of the letter you send and any reply you receive together with any other communications, recording the dates of all correspondence. This will be important as evidence in any future consideration by the Information Commissioner or the court.
Address the letter to:
Information Governance Officer
What will happen next?
We will investigate your concerns and respond to you within 28 days.
If the data is incorrect because, for example, you have recently changed your name we will correct the data as long as appropriate evidence is provided.
If we agree that the information held is incorrect we will amend or delete the data, as appropriate, and notify you of the action taken.
If we do not accept that the information held is incorrect you will be notified of that decision within 28 days.
What should I do if you do not comply with my request?
If we refuse or fail to comply with your request, you may make a request to the Information Commissioner for an assessment as to whether it is likely or unlikely that the processing of your personal data has been or is being carried out in compliance with the law. You also have rights under the act to pursue the matter yourself through the court.
If the commissioner makes an assessment that the matters that concern you are likely to involve a breach of the act, this may help you to resolve a dispute or to make a decision as to whether to take legal action under the act. However, it is not necessary for you to have obtained an assessment from the commissioner before taking a matter to court.
For further information about assessments, refer to the Commissioner's website or contact the Commissioner's Office on 01625 545745.
What orders can a court make?
If the court is satisfied that the personal data is inaccurate the court may order the council to block, rectify, erase or destroy that data. The court may also order the council to rectify, block, erase or destroy any other personal data containing expression of opinion which the court believes to be based on the inaccurate data.
There may be circumstances where your personal data, although inaccurate, accurately reflect information obtained from a third party. In this situation the court will consider:
- whether the council took reasonable steps to ensure that the data was correct, having regard to the purpose or purposes for which the data was obtained and further processed
- if you have notified the council of your views that the data is inaccurate and, if so, whether the data indicate that fact
If the court is satisfied that these requirements are met, the court may either order the council to block, rectify, erase or destroy the data or it may make an order requiring the data to be supplemented by a statement of the true facts.
In the event that these requirements have not been complied with the court may, instead, make a suitable order to secure compliance to meet those requirements.
What obligation has the council to notify third parties that the data has been rectified, blocked, erased or destroyed?
In certain circumstances the court may also order us to notify any third party to whom the data has been disclosed of the rectification, blocking, erasure or destruction.
When deciding whether it is reasonable to require this notification the court must consider the number of persons who would have to be notified.