Data Protection Act (DPA)

Information about the Data Protection Act

Data Protection

Under the Data Protection Act, we have a legal duty to protect any personal information we collect from you. We do not pass on your details to any third party or government department unless you give us permission to do so or the law requires/permits it.

Solihull MBC is committed to respecting your privacy. We have structured our website so that, in general, you can visit it without identifying yourself or revealing any personal information. Once you choose to provide us with any information by which you can be identified, then you can be assured that it will only be used for stated purposes which will be made clear to you when you are asked to submit information.

We have to notify the Information Commissioner of the types of personal information we process and for what purpose we use it for and whom we share it with. You can see what is recorded on our Data Protection Notification entry if you search for Solihull Metropolitan Borough Council on the Information Commissioners Web Site www.ico.gov.uk notification number Z5888433.

Solihull Council uses and shares your personal information in order to enable it to identify, plan, deliver and monitor services that it provides to you and the community as a whole.

The Council respects everyone's right to privacy and it is fully committed to the principles of the Data Protection Act 1998 (the Act).

The Act sets out a series of rules which the Council must keep to when it uses your personal information, namely:-

1. It shall be used fairly and lawfully.
2. It shall be obtained for one or more specified and lawful purpose and not used in a way that is not compatible with those specified purpose(s).
3. It shall be adequate, relevant and not excessive for the purpose that it was obtained.
4. It shall be accurate and where necessary kept up to date.
5. It shall not be kept for longer than is necessary.
6. It shall be used in accordance with the individual's rights.
7. It shall be kept securely.
8. It shall not be transferred to a country which does not have adequate protection for the rights of the individual.

Your Rights

The Data Protection Act 1998 gives individual's a number of rights, namely:-

• To find out what information is held about them.
• To be informed what information is held, what it is used for and to whom it may be disclosed.
• To be given a copy of the information.
• To be given an explanation of any codes used or the logic involved any automatic decision making processes.
• To have inaccurate information corrected or destroyed.
• To prevent further use of personal information if it causes, or is likely to cause, substantial damage or distress.
• To seek compensation for any damage and distress caused by the use of inaccurate information.
• To prevent use of their personal data for direct marketing.

Accessing Your Information

The Data Protection Act 1998 (the Act) gives individual's the right to request, and in most cases to be given, a copy of the information which the Council holds about them.

Please note that the Act only entitles an individual to see, or be given a copy of, their own information. You are not entitled to see someone else's information unless they have given their permission for you to do so. Likewise, someone else can not ask for your information unless you have given permission for them to do so. This applies to spouses, relatives, friends etc.

If you want to see or be given a small amount of your own information, for example; a copy of a form that you have recently sent to the Council, you should contact the service area concerned directly. You may be asked to provide proof of identity before being given the information.

If you want to see, or be given a full copy of you record(s), you will need to make your request in writing. Your request must include enough information about yourself and the information that you are seeking to enable the Council to identify you and your record(s).

An 'Access to Records' form is available via:

• Downloading the form at the bottom of this page.
• Visiting one of the Councils contact centres.
• Telephoning the Corporate Information Governance Team on 0121 704 6666.

All written requests for access to records should be addressed to :

The Corporate Information Governance Team
PO Box 18
Council House
Solihull
West Midlands
B91 9QS

Frequently Asked Questions

If I want my records, what details does the Council need?

• We will need as much information as possible to enable us to identify you and the record(s) that you are seeking. Please look at the guidance notes and request form that we have produced.

If I only want a certain part of my record can I have just that?

• Yes. If you tell us what part of your record you want, for example a specific document or information on your record between certain dates, we will give you a copy of just that.

If I ask for all the records held about me by the Council, will I get everything?

• No. You must tell the Council what records you are seeking, the use of the word all is not acceptable, for example: my housing file or my social care file.

Will I have to pay for a copy of my records?

• If you are applying for a copy of your record(s) held by the Council you will not be charged for this service.
  
  If you apply for a copy of your record(s) from any other organisation, for example a school, you may be charged a fee for the service.

Can I see or have someone else's record(s)?

• No. The Act only entitles you to access your own information - this also means that no one else can access your information. This applies to spouses, relatives and friends etc. There are, however, special rules that apply to a parent seeking access to their young children's information
  
  Sometimes a person may not be able to make the request for themselves, and may ask someone else to act on their behalf. Before the Council will process request from a 'representative', it will require proof that the person whose information is being sought has given their permission for the representative to act on their behalf.

Will I be given everything?

• Yes, normally the Council will give you a complete copy of the information (paper and electronic records) which you have requested. However, there are a few situations where the Council may not be able to provide you with all, or some of the information that you are requesting, for example:
• If your record contains information that identifies someone other than yourself, or an employee/agent of the Council (third party), it may need to get permission from that person before it can disclose the information to you.
• If your record contains information that was provided by a person other than yourself, or an employee/agent of the Council (third party), it may need to get permission from the provider of the information before it can be disclosed to you.
• The Council can also refuse to give you the information that you are requesting if in doing so it may prevent the detection of a crime.

How long will it take to get my records?

• The Act requires the Council to give you a copy of your information within 40 calendar days of receiving your request.
  
  If you apply to another organisation for access to your records they may have different timescales in which to give you the information, for example; a school has 15 school days to provide the information.

How will you get the information to me?

• This will depend upon the nature of the information. Normally we will give you a choice. We can
  • post the information to you by Royal Mail Recorded Delivery Service, or
  • arrange for you to collect it from one of our offices.
  • Important - Please be aware that if you wish us to post the information to you, we will take every care to ensure that it is addressed correctly. However, we can not be held liable if the information is lost in the post or incorrectly delivered or opened by someone else in your household. Loss or incorrect delivery may cause you embarrassment or harm if the information is 'sensitive'.

What if I want information about the Council that is not personal information?

Requests for all other types of information, which is not personal information, is dealt with under the provision of the Freedom of Information Act 2000.

What if you are not happy?

If you feel that the Council has acted unreasonably when dealing with your request for access to records, or you have identified any errors in your record(s), please write to:

The Corporate Information Governance Manager
PO Box 18
Council House
Solihull
West Midlands
B91 9QS

And tell us of your concerns. Your concerns will be investigated and you will be notified of the outcome within 28 days of receiving your letter of concern If the Corporate Information Governance Manager is unable to resolve your concerns, the matter will be referred through the Corporate Complaints Procedure.

If you are still not happy with the outcome, you may refer the matter to the office of the Information Commissioner.

Further information on your rights

Because of limited space we are only able to give you very basic information about the Data Protection Act 1998. If you would like to know more, please feel free to contact the Council's Corporate Information Governance Team:

Telephone: 0121 704 6666
Email: infogov@solihull.gov.uk

The Information Commissioner is the independent person who is responsible for enforcing the Data Protection Act. The Commissioner offers a range of publications about your rights, as well as advice and assistance. The Commissioner may be contacted at:

The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 01625 545 700
Fax: 01625 524 510
Email: mail@ico.gis.gov.uk
Website: www.ico.gov.uk

Contact Details

For more information please contact the Corporate Information Governance Team on

Telephone: 0121 704 6666

Email: infogov@solihull.gov.uk