Exercising Your Rights - Data Access / Change Request Forms

You have certain rights under the Data Protection Act and the EU General Data Protection Regulations (GDPR), these are:

• The right to be informed via Privacy Notices such as this;

• The right of access to any personal information the council holds about you;

• The right of rectification, we must correct inaccurate or incomplete data within one month;

• The right to erasure. You have the right to have your personal data erased and to prevent processing unless we have a legal obligation to process your personal information;

• The right to restrict processing. You have the right to suppress processing. We can retain just enough information about you to ensure that the restriction is respected in future;

• The right to data portability. We can provide you with your personal data in a structured, commonly used, machine readable form when asked;

• The right to object. You can object to your personal data being used for profiling, direct marketing or research purposes;

• You have rights in relation to automated decision making and profiling, to reduce the risk that a potentially damaging decision is taken without human intervention.

Please note that some rights are dependent upon the lawful basis under which your personal data is held and processed. The right to erasure, right to restrict processing and right to data portability would not for instance apply where the Council has a legal obligation to hold and process the information.

If you would like to exercise any of your rights, you will need to let us know. To ensure you have provided all information necessary for us to process your request, the best way to let us know is by completing the relevant request form attached to this page and sending a copy by email or post to the Data Protection Officer. Failure to provide all necessary details may delay our ability to look into your request.

Making a Subject Access Request

If you would like to exercise your right of access to personal information the Council holds about you, a subject access request can be made which must be submitted in writing. An application form for your convenience is attached to this page or can be obtained from a Customer Advisor at our Riverbank House offices.

To ensure that we can deal with your request as efficiently as possible the application should include your current name and address, proof of identity (a copy of your driving licence, passport or two different utility bills that display your name and address) and as much detail as possible regarding your request so that we can identify any information we may hold about you. This may include your previous name and address, date of birth and which Council service(s) you were involved with.

Completed application forms and supporting documents should be submitted to the Data Protection Officer.

Torridge District Council does not charge for making a subject access request however applications deemed to be manifestly unfounded or excessive will be rejected or may incur an administrative charge.

You are entitled to receive a copy of your personal data within one month of our receipt of your subject access request and supporting documents.

Consent

Local Authorities are required to carry out over 1,000 statutory functions. This means that many services provided by the Council are done so to comply with legislation.

Where this is the case, it will often be necessary to collect, hold and process your personal information and your explicit consent will not be necessary. We will always ensure you this processing is carried out transparently and that privacy notices are in place to inform you of why the information is necessary, the lawful basis for doing so, and with whom the information may be shared.

In some circumstances however, we may need to obtain your explicit consent to collect store and process your persona information. Where this is necessary you will be asked to provide your consent at the point at which the information is collected.

You have the right to withdraw this consent at any time and should you wish to do so please complete the relevant request form attached to this page and send a copy by email or post to the Data Protection Officer.