Privacy notice
Your rights
Under the Data Protection Act 2018 you have a number of rights that you can exercise in relation to the personal data we process about you, in some situations there are exemptions and restrictions that can be legitimately applied to prevent individuals exercising rights. You do not have to pay to exercise your rights (other than a reasonable fee if a request for access is clearly unfounded or excessive).
We sometimes need to request specific information from you to help us confirm your identity and ensure your authority to exercise the rights.
Right of access (previously subject access)
You can request access to the personal data that we hold free of charge. Normally we will provide it within one calendar month of receipt of your request unless an exemption applies.
The preferred and easiest method is by completing the online form:
You can also make a request in person, via telephone or by social media.
Additionally, you can make the request by contacting the Data Protection Officer via email dataprotection@newcastle-staffs.gov.uk or in writing using the Data Protection Officer contact details.
To aid your request please complete the relevant application form and include it with your correspondence.
Rights of access do not apply to the processing of 'relevant personal data', i.e. we can limit access to personal data if it is necessary and proportionate to:
- avoid obstruction of an official or legal inquiry, investigation or procedure
- avoid prejudicing the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties
- protect public security
- protect national security or
- protect the rights and freedoms of others
Right to be informed
You are entitled to be told how we obtain your personal data and how we use, retain, store it and who we share it with. This privacy notice gives you that information, as well as telling you what your rights are under the relevant laws.
The respective service areas web pages will also give you additional specific privacy notices.
Right to rectification
If we hold personal data about you that is inaccurate or incomplete you have the right to ask us to correct it. This request can be refused where it relates to ‘relevant personal data’, i.e. to avoid obstructing an official or legal enquiry as detailed above under 'right of access'.
The preferred and easiest method is by completing the online form:
You can also make the request by contacting the Data Protection Officer via email dataprotection@newcastle-staffs.gov.uk or in writing using the Data Protection Officer contact details.
Right to erasure
Under certain circumstances you have the right to ask us to delete your personal data to prevent its continued processing where there is no justification for us to retain it. The circumstances most likely to apply are:
- where holding your personal data is no longer necessary in relation to the purpose for which we originally collected and processed it
- where you withdraw your consent to us holding your personal data if we are relying on your consent to hold it
The right of erasure does not apply if we are processing your personal data:
- to comply with a legal obligation
- for the performance of a task carried out in the public interest or in the exercise of official authority
- for the establishment, exercise or defence of legal claims
- to exercise the right of freedom of expression and information
- for archiving purposes in the public interest, scientific research, historical research or statistical purposes where erasure is likely to make it impossible to carry out or seriously impair that processing
The preferred and easiest method is by completing the online form:
You can also make the request by contacting the Data Protection Officer via email dataprotection@newcastle-staffs.gov.uk or in writing using the Data Protection Officer contact details.
Right to restrict processing
Under certain circumstances you have the right to ask us to restrict the processing of your personal data. This may be in cases where:
- you are contesting the accuracy of your personal data, while we are verifying the accuracy
- your information has been unlawfully processed and you oppose its erasure and have requested a restriction instead
- where we no longer require your personal data but you need it to establish, exercise or defend a legal claim and do not want us to delete it
You can ask us to restrict processing of your personal data by contacting the Data Protection Officer via email dataprotection@newcastle-staffs.gov.uk or in writing using the Data Protection Officer contact details.
Right to data portability
You have the right to obtain and reuse your personal data for your own purposes, transferring it from one IT environment to another. If it can be made portable and be able to be sent in a portable format to you or someone else you can make this request. This right only applies to personal data provided by an individual, where the processing is based on their consent or for the performance of a contract and when that processing is carried out by automated means.
If you wish to make such a request please contact the Data Protection Officer via email dataprotection@newcastle-staffs.gov.uk or in writing using the Data Protection Officer contact details.
Right to object
Under certain circumstances you have the right to object to us processing you data, this is an absolute right if the processing is for:
- direct marketing
You can also object if the processing is for any of the below but in these circumstances the right is not absolute:
- performance of a task in the public interest
- the exercise of official authority or
- your legitimate interests (or those of a third party)
Any objection must be on the grounds relating to your particular situation. If you want to exercise your right to object you can do so by emailing the Data Protection Officer via email dataprotection@newcastle-staffs.gov.uk or in writing using the Data Protection Officer contact details.
Rights related to automated decision making and profiling
You have the right not to be subject to a decision when it is based on solely automated processing (including profiling) and which produces a legal effect or similar significant effect on you. This right does not apply if the decision is authorised by law, is necessary for entering into or performance of a contract, or is based on your consent. Profiling is any form of automated processing of personal data intended to evaluate certain personal aspects about you to predict things about you such as your behaviour, interests, movements or performance at work. We do not currently carry out automated profiling.
If you have any questions about automated decision-making or automated profiling you can raise them by emailing the Data Protection Officer dataprotection@newcastle-staffs.gov.uk or in writing using the Data Protection Officer contact details.
Right to withdraw consent
You have the right to withdraw any consent that you have given to us to process your personal data. Your consent can be withdrawn at any time by emailing the Data Protection Officer via email dataprotection@newcastle-staffs.gov.uk or in writing using the Data Protection Officer contact details.
Right to complain
The Information Commissioner’s Office (ICO) regulates the processing of personal data. You can complain to the ICO if you feel that we are processing your personal data unlawfully.
- Address: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
- Helpline number: 0303 123 1113