Information compliance

The Council must comply with the rights of others in relation to the way that it handles information. In most cases, these rights relate to access to Council information given to people either as a member of the public or as an individual personally.

Rights of access to information are provided in:

• The Freedom of Information (Scotland) Act 2002 - FOISA - which applies to members of the public to all recorded information held by the Council
• The Environmental Information (Scotland) Regulations 2004 – the EI(S)Rs -which apply to members of the public to all recorded information relating to environmental matters held by the Council)
• The UK General Data Protection Regulation or the Data Protection Act 2018 – the UK GDPR/DPA – which gives individuals the right to access information about themselves and
• The Pupils' Educational Records (Scotland) Regulations 2003 – the PER(S)Rs which gives rights to parents to access certain information about their children (these regulations are dealt with by advice provided by Education Resources)

However, there are other rights given to people under the UK GDPR relating to information about themselves. These are:

• The Right to be informed
• The Right to rectification
• The Right of Erasure (or to be forgotten)
• The Right to Restrict Processing
• The Right to Data Portability and
• The Right to Object (including against automated decision making)

We have a network of Resource representatives who work together to ensure compliance with people’s rights including coordinating responses and reviews under FOISA, the EI(S)Rs and compliance with the UK GDPR/DPA and the Environmental Information (Scotland) Regulations 2004.

More information is available in the information rights area.