THE DATA PROTECTION ACT 1998

The Data Protection Act exists to protect personal information held about you by organisations such as Newark and Sherwood District Council. The act applies to information held on computers and in certain types of paper filing systems and gives rules for the way organisations treat personal information about you. Newark and Sherwood District Council uses a wide range of personal data to carry out its activities, and has its own set of rules, procedures and policies to ensure it complies with the law.

How do I find out what information is held about me?

If you wish to view information that the Council holds about you, you must make what is known as a 'Subject Access Request' which costs £10 (ten pounds).
A request may be made to the council if you think it processes personal information to which you want access.

You are entitled to be told if any personal date is held about you AND if so:

• to be given a description of the information.
• to be told for what purposes the informationis processed, and,
• to be told the organisations or types of organisations to which your information may have been disclosed.

You are also entitled:

• to be given a copy of the information with any difficult or technical terms explained.
• to know, if the council is holding the information, where it came from, and, 
• to be given an explanation as to how any automated decisions taken about you have been made.

For full information about the Data Protection Act you can visit the Information Commissioners website at www.ico.gov.uk/

How do I make a Subject Access Request?

Your request for information must be made in writing and you will need to provide proof of identity.  The council may ask for information it reasonably needs to verify your identity and to find the information.  You may also need to provide the council with information such as whether for example you are a customer or employee of the council.  An open ended request for access such as “Give me a copy of all the information you hold on me” will not be sufficient for the council to find the information being sought.  Information which may help the council might include details of information thought to be held, the relevant departments, dates of documents, relevant time periods etc.

When we have received your request, fee and accompanying documents, we must give you the information or a reason why the information cannot be gien to youwithin 40 calendar days.

Sometimes, your personal information may contain information about other people. This is referred to as 'third party information'. You are only permitted to access information about you and we may have to withhold or edit information, so that it does not identify third parties.

You can make a Data Protection request by downloading, completing and returning our printable form or simply a letter sent to the address given below.  Please note we cannot provide personal information by email, it is only available by post or for collection at one of our offices.

Requests for personal information should be sent in writing to:

Information Governance 
Policy and Performance
Newark and Sherwood District Council
Kelham Hall
Newark
Nottingham
NG23 5QX

Information that may be withheld
In principle individuals have access to all personal data held about them, however, there are a few exceptions.  The council can withold personal information, if providing you with the information could affect

• the way crime is detected or prevented
• catching or prosecuting offenders
• assessing or collecting tax or duty; or
• the information identifies other people who have not consented to their information being passed on.

Can I use email to make a subject access request?
No. You need to provide original proof of identity/authority and you cannot do this by email. You may also need to provide us with quite detailed personal information, so that we can find your records. Sending this type of information to us by email is not very secure, so it is better if you download, print and return our form or make your application in a letter to the address given above. You could also ask us to send you a form in the post by emailing freedom@nsdc.info.

Can I make a request for someone else?
Yes, but we need to be absolutely sure that you are authorised by them to make the request. Proof must be in writing and signed by that person.

Can I request information about a deceased person?
You may only access your own information under the Data Protection Act. Requests for other people’s information, including the deceased, will be dealt with under the Freedom of Information Act.

What can I do if access is not given to me?
Should you be unhappy with the way your request has been handled or  you wish to object to the council's decision in the first instance you can use the councils complaints procedure for requests for information.  Please provide as much information as you can about the reason for your complaint and the reference number of your original request. Should you remain dissatisfied you can appeal against the decision by contacting the Information Commissioner, Wycliffe House, Water Lane, Wilmslow, SK9 5AF or  www.ico.gov.uk.

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