 | Data Protection Frequently Asked Questions (FAQs) |
1. What is personal data?
Personal data is information about a living individual from which that person can be identified. Information about deceased individuals is not covered.
2. What types of information are covered by the Data Protection Act, 1998?
The information may be stored in the following formats:
3. What is meant by the term ‘processing data’?
Processing data means how the Council collects, handles, disseminates, stores and disposes of personal information.
4. 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. .
5. 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:
6. 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.
7. 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.
8. 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.
9. 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:
10. 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 Compliance Manager
Information Management Team
Devon County Council
The Coaver Offices
County Hall
Exeter,
EX2 4QX
Telephone: (01392) 384679/384682
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.
11. 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
12. Bogus Agencies – What if I receive a letter demanding money for registering for data protection?
It has come to the attention of the Information Commissioner that bogus agencies exist which set out to falsely charge businesses a fee for data protection registration. For businesses that do hold personal data, there is a statutory fee of £35 on which no VAT is payable which should be paid to the Office of the Information Commissioner. These bogus agencies will often charge £35 plus VAT, £95 plus VAT or £135. The names and addresses of the bogus agencies known to the Office of the Information Commissioner are listed on its website. If you receive a visit or a letter from anyone representing such agencies, 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
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