Privacy Notice

8. Your rights

The Council has to process personal data in order to carry out its functions as Local Authority, but we can only do this where there is a legal basis. This is known as the ‘lawful basis for processing’.

GDPR extends individuals’ rights in terms of this processing, for example the right of access (also known as Subject Access Requests). It also introduces some new ones, such as the right to erasure, right to restrict processing and the right to data portability. Under GDPR individuals have 8 rights to exercise when it comes to your personal data, all for your rights are listed below:

1.  Right to informed

This right provides the data subject with the ability to ask the Council for information about what personal data (about him or her) is being processed and the rationale for such processing. For example, a customer may ask for the list of processors with whom his or her personal data is shared. Please refer to the Council's privacy notice for more information.

2. Right to access

This right provides the data subject with the ability to get access to his or her personal data that is being processed. This request provides the right for data subjects to see or view their own personal data, as well as to request copies of the personal data. If you wish to request for your personal data please click here

3. Right to rectification

This right provides the data subject with the ability to ask for amendments to his or her personal data in case the data subject believes that this personal data is not up to date or accurate. If you think we hold in accurate data on you please inform us by clicking here

4. Right of erasure

This right provides the data subject with the ability to withdraw a previously given consent for processing of their personal data for a purpose. The request would then require the Council to stop the processing of the personal data that was based merely on the consent provided earlier. You can make a request and have your data deleted where there is no compelling reason for its continued processing and provided that there are no legitimate grounds for retaining it.

5. Right to restrict processing

This right provide Individuals the right to restrict the processing of their personal data where they have a particular reason for wanting the restriction. This may be because individuals have issues with the content of the information we hold or how we have processed their data. In most cases we will not be required to restrict an individual’s personal data indefinitely, but will need to have the restriction in place for a certain period of time.

6.  Right to object

This right provides the data subject with the ability to object to the processing of their personal data. Normally, this would be the same as the right to withdraw consent, if consent was appropriately requested and no processing other than legitimate purposes is being conducted. However, a specific scenario would be when a customer asks that his or her personal data should not be processed for certain purposes while a legal dispute is ongoing in court..

7. Rights in relation to automated decision and profiling

Any automated decision making carried out by the Council will be described in the relevant departmental privacy notice.

8. Right for data portability

This right provides the data subject with the ability to ask for transfer of his or her personal data. As part of such request, the data subject may ask for his or her personal data to be provided back (to him or her) or transferred to another controller. When doing so, the personal data must be provided or transferred in a machine-readable electronic format

However, these rights are not absolute and their availability depends on which lawful basis for processing the Council is using. This means that, due to the nature of our business, not all of the individuals’ rights listed above are applicable to everyone.

Lawful Basis

Right to Erasure

Right to Portability

Right to Object

  1. Consent

Yes

Yes

No

  1. Contract

Yes

Yes

No

  1. Legal Obligation

No

No

No

  1. Vital Interests

Yes

No

No

  1. Public Task

No

No

Yes

  1. Legitimate Interests

Yes

No

Yes

 

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