How we process personal data in accordance with the Data Protection Act
How does the Council use your information?
Middlesbrough Council uses your information in order to deliver services to you and to comply with statutory obligations and duties. This might include facts and opinions about you (the Data Subject) and your data may be held electronically or in paper format. In handling your data Middlesbrough Council complies with the eight data protection principles which state that data must be:
1. fairly and lawfully processed;
2. processed for limited purposes;
3. adequate, relevant and not excessive;
5. not kept longer than necessary;
6. processed in accordance with the Data Subjects rights;
8. not transferred to countries without adequate protection.
In some circumstances Middlesbrough Council may be required to share your information with other organisations. This might include sharing with other government departments like the NHS in order to ensure services are provided to you. It may also include sharing with organisations responsible for investigating crime, taxation or benefit fraud such as the Police or Department for Work and Pensions.
In addition the council may use external companies to carry out some work on our behalf and as a result these companies may process your information to fulfil this purpose. The council as Data Controller will remain ultimately responsible for this information and to that end will ensure that safeguards are provided to protect the security of your data and limit what it can be used for.
Middlesbrough Council will only ever share your information as permitted or required by law and with consideration to your right to privacy.
Each service will have different requirements on how it will use and share the information that it collects about you and you will normally be informed of this by a member of staff or using notices on forms at the point at which you provide information to the Council. For more information you can contact the services that you are using directly.
What rights do you have?
The Data Protection Act 1998 gives Data Subjects certain rights in respect of their data. These are:
- A right to request a copy of the information that is held about you
- A right to request that inaccuracies are corrected
- A right to prevent unwarranted distress being caused by the processing of your personal data
- A right to prevent your data being used for marketing
- A right to prevent automated decisions being made about you (i.e. where a computer decides something based on points scored in an application, like a loan application)
- A right to complain about the way your data is handled by the Information Commissioner's Officer (ICO)
- A right to use the law to claim compensation for damage caused if we lose, disclose or use inaccurate data about you.
You can exercise any of your rights by contacting the Information Governance Team as described below. The Team will then work with the service(s) that have collected your data to consider what further action can be taken.
Ask for a copy of your own information (Subject Access Request)
Under the Data Protection Act 1998 an individual has the right to request information that an organisation holds about them by making a Subject Access Request or SAR. Middlesbrough Council charges £10 and requires two forms of identification in order to progress all requests, as permitted by the Data Protection Act.
If you would like to make a request, please complete the form below. To help Middlesbrough Council find and retrieve your information, please provide as much detail as possible about the information you would like to access. The more specific you can be about the information you want to access, the quicker Middlesbrough Council will be able to provide information to you e.g. if you tell us you would only like one particular document from your case file, it will be much quicker to provide that than your entire case file.
There are two ways to complete the form-
Print, complete and return by post: click here [306kb]
Please note requests will not be progressed by Middlesbrough Council until fee, ID and confirmation of the details being requested have been received.
Tell us if your information is inaccurate or incorrect
If you believe that any of the details which Middlesbrough Council holds about you are inaccurate or incorrect, please let the Information Governance Team know as soon as possible. Contact details are shown below.
Tel: 01642 729816
Information Governance Team
PO BOX 503
Find out how your information is used (Privacy Notices)
Privacy Notices are sometimes referred to as Fair Processing Statements. They are an explanation of how Middlesbrough Council Services use the personal data you provide, who they share it with and for what reasons. Privacy Notices are especially useful where the use of your data may not be obvious to you and they are normally included at the bottom of application or consent forms.
If you want to know more about how a service uses your information, contact them directly and they should be able to help.
Disclosure of Information for Crime/Taxation, or for Legal Purposes
As allowed by exemptions in the Data Protection Act, sometimes Middlesbrough Council may disclose information on request, for crime and taxation purposes (section 29 exemption), or in connection with legal proceedings (section 35 exemption). Please note that Middlesbrough Council is not obliged to comply with such requests, but will consider applications in line with the requirements of the Act.
If you require disclosure of information under these exemptions the attached form [222kb] must be completed in full and returned to the Information Governance Team either at the address above or via firstname.lastname@example.org If you have a Government Secure account, please call ahead in the first instance on 01642 729816 to make an officer aware of your submission and you will be provided with a secure email address to send your request to.