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We have a legal duty to protect your personal data.
The use of your personal data is controlled by the Data Protection Act 2018, which relates to any living individual. St Helens Borough Council is as defined under this Act Data Controller.
The Council has a Data Protection Officer who has overall responsibility for data protection in the Council, and acts in an independent manner in line with legislation. The Council's Data Protection Officer is Rob Huntington, and he can be contacted via email at email@example.com.
Under the legislation, you have a number of rights relating to your personal data, which are detailed below:
Every time we collect personal data from you, we will inform you as a minimum of the following (known as a Privacy Notice):
We meet these obligations in various ways depending on how you come into contact with us, including directing you to the relevant Privacy Notice.
You are entitled to ask us for copies of your personal data that we hold (known as the Right of Access).
You also have the right to request further information, including:
when providing you with a copy of your information we will also explain if we have redacted any information that identifies third parties.
If we withhold personal data on the basis that it is exempt from disclosure, where it is possible to do so, we will explain the exemption(s) we are relying on and the reason why one or more exemptions apply.
In certain circumstances we may refuse to respond your request if we consider that it is unfounded, excessive or repetitive in nature.
You are entitled to ask us to:
(known as the Right of Rectification)
If we agree that the personal data you have identified is factually inaccurate, we will correct it and:
If you consider that personal data we hold about you is incomplete and we disagree, we may offer the option of adding a statement to our records explaining why you consider the personal data we hold is incomplete.
You have the right to stop us using your personal data (known as the Right to Object) where it is being processed for;
If you object to us using your personal data for direct marketing (or profiling linked to direct marketing) we will stop this processing.
You can only object to use of your personal data for scientific/historical research or statistical purpose where:
If you object to the on these grounds, we will carefully consider your request and let you know the outcome.
Public Interest / Exercising Official Authority / Legitimate Interest
Where you object to us processing your personal data for any of these reasons, we will:
If the law requires us to process your personal data in the public interest or in exercising our official authority, it is very unlikely that we will be able to comply with the request.
For example, you will not be able to use this right to prevent us from:
In certain circumstances, you have the right to request that we erase your personal data (known as the Right to Erasure).
We will carefully consider your request, and our response will outline whether or not we consider retention of your personal data is unwarranted.
It may not always be possible to agree to your erasure request and we have listed a number of grounds below where it may be necessary for us to retain your information:
If we agree to erase your personal data, we will try to notify any recipients and let you know who they are (if you ask us to do so).
In certain circumstances, you have the right to restrict the processing we carry out with your personal data (known as the Right to Restrict Processing).
We will carefully consider your request, and our response will outline whether or not we agree to restrict processing of your personal data.
If we agree to your request, we will:
In addition to storing your personal data we will only process it during the period of restriction:
In general, decisions which affect you legally (or have similar significant impact) are not allowed to be made using solely automated decision making, this means without human involvement.
Where this is allowed, you have the right to ask for the decision to be looked again by an individual (known as the Right related to Automated Individual Decision Making, Including Profiling). It is allowed for processing:
Where an automated decision is made about you based on one of these reasons, you will be:
Within one month of receiving the information above, you have the right to:
If you contest an automated decision and ask for it to be reconsidered, we will respond within the allowed time period and let you know whether or not this fresh decision has led to the same or a different outcome.
In certain circumstances, you have the right to request that personal data you have supplied to us be converted into a format so that it can be transmitted to another organisation (known as the right to data portability).
This right only applies where we process your personal data electronically, and the legal basis for our processing:
To make a request under any of these Rights, please contact us as detailed under 'Any Questions?' or complete this data subjects rights form.
We will generally respond to requests within one month of receipt, unless your request is considered complex or numerous. We will advise you if the request will take longer than one month to respond to.
If we do not fulfil your request, we will explain our reasons and your right to complain to the Information Commissioner if you are not satisfied.
Please be aware that these Rights are not absolute and are subject to conditions and exemptions. In some cases the rights only apply if the processing activity is on specific legal grounds and/or in defined circumstances. Therefore all of these Rights are unlikely to be engaged in all cases.
If you have any questions about these rights, please read the Data Subjects Rights Frequently Asked Questions.
For any other information about how the we deal with your personal data, please contact:
Senior Information Management Officer
Telephone number: 01744 673474
For more information about data protection then please go to the Information Commissioner's website.