Subject Access Requests

Under the Data Protection Act 1998, you are entitled to request copies of the information we hold about you. You will find details of how to make a request on this page along with answers to the most frequently asked questions.

How can I prevent the Council from processing my information for direct marketing, automatic decision taking or for a purpose that could cause me damage or distress?

What can I do if I think the Council has breached the Data Protection Act?

The Data Protection Act 1998 is a law that came into force on 1st March 2000 to protect personal data. It sets rules for processing information about a living individual which can identify that individual, and applies to electronic as well as some paper records held in structured or unstructured filing systems.
Anyone processing personal data must comply with the 8 principles of the Act, which state that data must be:

1. fairly and lawfully processed
2. processed for limited purposes
3. adequate, relevant and not excessive
4. accurate
5. not kept longer than necessary
6. processed in line with the data subject's rights
7. secure
8. not transferred to countries outside the EEA without adequate protection.

Crewe & Nantwich Borough Council provides a range of services to people and communities and to do this we need to collect a certain amount of personal information. This allows us to maintain a record of the services you have requested and ensure that we deliver effective and efficient services to you.

The Council regards the lawful and correct treatment of personal information as vital. There are controls in place to ensure that personal data are processed in line with the principles set out in the Data Protection Act.

You have a right to:

Be told whether or not we hold personal information about you
Be told what we use the information for
Be told to whom we might disclose your information
Request a copy of the information we hold
Request inaccurate data to be rectified, blocked, erased or destroyed
Request us not to process your personal data for direct marketing, automatic decision taking or if it is likely to cause substantial damage or distress
Seek compensation, through the court, for damage and distress caused by a breach of the Data Protection Act.

We do not require your consent to process data about you for services that we have to provide by law, eg Council Tax collection, or where it is necessary for the detection or prevention of a crime.
All application forms and requests for personal information issued by Crewe & Nantwich Borough Council will explain why we require the information requested. Completing and signing the form will be accepted as your consent to the processing of your personal information for that purpose.

The Department of Constitutional Affairs has issued a public service guarantee for data handling which all public bodies are expected to adhere to.
A copy of the guarantee has been placed on our website and is displayed in our public offices.

You must complete a Subject Access Request Form, which is available on our website or from any of our public offices. You will be asked for details to help us find the personal information that we hold about you.
You will also be asked to provide proof of identity, for example photographic driving licence, birth certificate, passport etc.

Yes. A fee of £10 is charged for each application to see personal information we hold about you. The fee must be paid before we can begin processing your request.

The Council must respond to your request within 40 days of receipt of your application. However, this response time does not begin until all relevant information is received, including the fee, proof of identity etc.

You can appoint an agent to act on your behalf, for example a solicitor or a carer if you are unable to make the request yourself. However, they must provide written and signed consent from you (or other legal document) authorising them to act on your behalf.

Subject to any exemptions, you will receive a copy of all the information the Council holds about you on its computer systems and information held in manually operated filing systems. You will also receive a description of the purpose(s) for which we process your data and where we got it from, and a list of other organisations to whom the data are disclosed.
You will be provided with a copy to keep and check for accuracy. This will be either a computer printout or a photocopy of your manual records.

You must write to us telling us what data is incorrect and detailing what action you wish us to take.

The Council must tell you what has been done within 21 days of receiving your notice. If the Council does not agree that the information is incorrect a note will be made on your records indicating your disagreement. You can also appeal to the Information Commissioner or the courts if the Council does not correct the information.

You can appeal to the Council through its complaints procedure. Alternatively, you can appeal to the Information Commissioner. The Commissioner's staff will look into the matter on your behalf.

You must write to us asking us to stop the processing. If you think that the use of your personal data could cause you damage or distress, you should write to us explaining how we are causing you possible damage or distress so that we can take any necessary steps to stop this happening.

If you think the Council has broken any of the rules or conditions enforced by the Act, and you have suffered substantial damage and distress as a result, you may be able to claim compensation.
Claims must be made through the court and you must be able to show that the Council did not take reasonable care to ensure it complied with the Act. If you are claiming that we used inaccurate data, you must be able to show that you have suffered damage as a result.