Data protection

The UK General Data Protection Regulation/Data Protection Act 2018 (the UK GDPR or the DPA 2018) gives a person the right to request copies of their personal data. This is information that identifies them as an individual and affects their privacy. It does not apply to information that people should ask for under the EI(S)RS or FOISA. This section only deals with how to handle requests for personal data. The UK GDPR or DPA 2018 also covers the use and management of personal data.

It does not apply to requests made by any other person or organisation other than the individual that the information is about (unless the requestor has the legal power to act on behalf of the individual concerned). This is data sharing and dealt with elsewhere.

The UK GDPR and the DPA replaced the Data Protection Act 1998. All policies etc of the Council are being updated to reflect that change. However, any policy or guidance that refers to the DPA 1998 remains valid and can still be followed. Matters will be brought up to date in the near future

Council policies

There are core policies about handling requests for information under the General Data Protection Regulation/Data Protection Act 2018 (the UK GDPR or the DPA 2018). These policies are:

• Data protection policy
• Information requests compliance policy
• Charging policy

 Procedures and guidance

To help officers deal with requests for information, here we have prepared procedure notes and other guidance. The procedure notes deal with procedural matters, such as how to use the styles of refusal letters. The guidelines explain what the law requires and/or means. They have a section on frequently asked questions for assistance. If responding to a request, you can use the Information requests date calculator to help work out your deadlines.

Sample style letters

The council has prepared sample style letters for use by officers. These style letters deal with acknowledging requests for information and the responses, including letters of refusal. Officers should use these styles as a basis at all times, but officers can amend the styles depending on the nature of the response. Here you can view a procedure note detailing how to use the style refusal letters.