• What types of information are covered by the Data Protection Act, 1998?
• What is meant by the term ‘processing data’?
• What are the 8 principles under the Data Protection Act, 1998?
• What sort of information does Devon County Council keep?
• As a parent, can I access my child’s file?
• As a child, can I access my records?
• Can I use e-mail to make a subject access request?
• Can I obtain all information held about me by the Council?
• What if I think information held about me if wrong?
• What if I am not satisfied with the actions of the Council regarding my information?
• Subject Access Requests, Guidance for Schools

1. What types of information are covered by the Data Protection Act, 1998?

The information may be stored in the following formats:

• Computerised database
• Paper filing system
• Photographs (including scanned images)
• C.C.T.V footage
• E-mail

2. What is meant by the term ‘processing data’?

Processing data means how the Council collects, handles, disseminates, stores and disposes of personal information.

3. What are the 8 principles under the Data Protection Act, 1998?

The 8 principles of data protection are legally enforceable rules that must be followed when processing personal data. .

4. What sort of information does Devon County Council keep?

The Council holds a wide variety of personal information which is used to provide services efficiently and effectively to those it serves in Devon. Examples of personal data include:

• Names and addresses
• Telephone numbers and e-mail addresses
• Postcodes
• A file about a persistent complainer, and/or his/her complaints
• An “expression of opinion”
• A statement on an employee's file that the employee is to be fired for persistent absenteeism, “an indication of intention”
• CCTV images
• Records of who has completed an intranet-based training course.
• An employee’s payroll number
• Images of people

5. As a parent, can I access my child’s file?

Parents may request information about a child under 16 but there is no automatic right to the information. If a child is old enough to give informed consent and understands the contents of the information, the Council would be guided by their wishes. In all cases, disclosure of information would only occur if it is in the best interests of the child.

6. As a child, can I access my records?

Yes. The Act has no minimum age requirement for applicants. Children can apply for their own records provided they are capable of understanding the nature of the request and the contents of the records.

7. Can I use e-mail to make a subject access request?

Yes. However, you must still provide original proof of identity/authority to the Council so that we can verify who you are and that you are allowed to access the personal information requested.

8. Can I obtain all information held about me by the Council?

No, not always. The Data Protection Act, 1998, contains a number of exemptions. The main exemptions are:

• Law enforcement
• National Security
• Adoption records and reports
• Examination marks and examiners comments
• Personal information about someone else
• Information that would identify someone who has supplied information about you.

9. What if I think information held about me if wrong?

The Act gives you the right to have inaccurate data about yourself corrected. If you believe that any of the information held by the Council is inaccurate, please inform the Information Compliance Manager at:

Postal Address:
The Information Governance Manager
Customer Relations & Information Governance Team
Devon County Council
Room 120
County Hall
Exeter,
EX2 4QX
Telephone: (01392) 384674

E-mail: dpoffice@devon.gov.uk

Please put your query in writing clearly stating what the error is. If it is agreed that the information is incorrect, we will correct it. Opinions cannot be challenged unless they are based on incorrect facts.

10. What if I am not satisfied with the actions of the Council regarding my information?

If you are unhappy with the way your request was handled or if you have a complaint about access which was not resolved by the Council’s Information Compliance Team, please contact the Information Commissioner at:

Postal address:
The Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone number: 01625 545745

Website: www.informationcommissioner.gov.uk

11. Subject Access Requests, Guidance for Schools

The Information Governance team has produced guidance for schools on handling requests for information under the Data Protection Actt 1998.  To view said guidance click on the link; Subject Access Guidance to Schools (51KB - pdf help).  If you have any queries about this guidance, or if you have any issues relating to  Data Protection, please contact the Information Governance office at dpoffice@devon.gov.uk or telephone 01392 384674.