Devon County Council

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Why Devon County Council holds Personal Information

Devon County Council provides a wide range of services for nearly 700,000 people across Devon. These services include public transport, social services, education, libraries, roads, consumer protection and trading standards. In order to provide these services effectively, the Council holds a great deal of personal information much of which is confidential. This information is used by the Council in its development and provision of services for Devon and may also be used for statistics and budgetary purposes. More information about the responsibilities of the Council is available elsewhere on this website.

Devon County Council and the Data Protection Act, 1998

The purpose of the Data Protection Act, 1998 is to protect personal information about living individuals. The Act places legal obligations on organisations that handle personal data. The Council must comply with the Act and does so by applying the 8 Principles of data protection which are legally enforceable.

Organisations that hold personal information have a duty under the Act to provide individuals with access to information about themselves if they request it. Under the Act you have a legal right to ask:

1. What personal information the Council holds about you (subject to some exemptions)
2. Why the Council holds personal information about you
3. To whom the information is disclosed
4. That inaccurate information is corrected

How to make a Request for your Personal Information

If you would like to make a request, you can complete and print out the Subject Access Request Form (50KB - pdf help) and send it to us at the address under ‘Contact Us’. However, if you do not have printing facilities, you can write to us or telephone us for a subject access request form at the same address.

You are entitled to appoint someone else to apply on your behalf e.g.

1. Parents who may request information about a child under 16 but there is no automatic right to the data
2. A solicitor who may request information on behalf of a client.

Do I need to prove who I am?

Yes, you do: we would not want to release information about you to the wrong person. The Council takes the rights of the individual and the protection of their personal data against unauthorised access very seriously and will not release personal information without proper authority. In addition, when making an application on behalf of a child, you must do so with their interests only in mind. The Council checks the identity and legal authority of the person making the request. When submitting your request, please provide original evidence to confirm your identity e.g.:

• Birth certificate (or certified copy)
• Driving licence
• Passport
• Utility bill

Fee

Under the Act, a fee of £10 for a subject access request is permitted. However, unless a vexatious or repeat request is made, it is the policy of the Council not to charge a fee.

What Happens Next

Under the Act, the Council is required to provide the information you have requested within 40 calendar days. However, every attempt will be made to provide the information you request as quickly as possible.

Once the Information Management Team receives your request and proof of identity, and is satisfied with the information you have provided, they will acknowledge your request in writing and start the 40 days.

The Council will use the information on the subject access request form to respond to your application. Staff within the relevant departments will be provided with the information to validate, locate and review your records.

Any third party referenced in your records will need to be contacted with your details to request their consent to disclose their data to you.

The Council will then contact you when your information has been located, and make suitable arrangements for you to view it or receive copies.

Questions or Comments

Once you have either viewed or received the information about yourself, you are welcome to contact the Information Compliance Manager for Devon County Council at the address below who will endeavour to resolve any outstanding issues.

Postal Address:
The Information Compliance Manager
Strategic Intelligence
Room L10
County Hall
Exeter,
EX2 4QD

Telephone: (01392) 384679/383027

E-mail: dpoffice@devon.gov.uk