Quick links
- What is the Data Protection Act 1998?,
- How does it protect personal data about you?,
- What are your rights?,
- Why do we keep personal information?,
- What Services does Babergh provide?,
- Do we need your consent to information about you?,
- How do you ask to see information about yourself?,
- Do you have to pay to see your information?,
- What information will you receive?,
- How will you be given the information?,
- What do you do if the data is incorrect?,
- What do you do if you think you have not been given all the information you asked for?,
- Can you stop us from using information in a way that causes you damage or distress?,
- How will we know if you have done as we asked?,
- How will you know if decisions about you will have been made by automatic means?,
- What can you claim compensation for?,
- How do you make a claim for compensation?,
- Do we provide any help in understanding the information?,
- How can I find out more?
What is the Data Protection Act 1998?
It is a law that came into force at the end of October 1998. It was introduced to protect personal data – that is data about individuals, no matter how it is processed, what it is processed for, or who processes it.
How does it protect personal data about you?
By setting rules and conditions that all users of personal information must obey. The Act also provides you with certain rights that we must respect when obtaining and using information about you.
What are your rights?
- To ask us if we hold personal information about you.
- To ask what we use the information for.
- To be given a copy of the information.
- To be given details about what purpose the information is held for – including what use any partner organisation might have for the information.
- To pay compensation for any damage or distress should these be caused by our failure to comply with certain requirements of the Act.
- To ask for incorrect data to be corrected.
- To ask us not to use personal information about you for direct marketing, or if it is likely to cause damage or distress.
- To ask us not to make decisions about you based on the automatic processing of the data.
Why do we keep personal information?
We collect and hold certain personal data so we can provide you with the services you require. For example, we process it to collect the council tax, collect rent, deliver housing benefit; and maintain a record of the services provided.
What Services does Babergh provide?
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Leisure and Community Services,
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Licensing Services,
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Environmental Health,
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Refuse Collection & Street Cleaning,
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Planning,
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Benefits and Revenues (including Council Tax),
You can see a full A - Z of services.
Do we need your consent to use information about you?
We only need your consent if we want to use your information for a purpose that is not part of a service we have to provide by law. All application forms and requests for your information explain why we need that information, and whether or not we need your consent.
How do you ask to see information about yourself?
To ask to see your records you can write to us at the address at the end of this leaflet. You must provide details of the services you are receiving, and any other information that could help us find your data (such as date of birth, rent or council tax number).
If you call at our office, you can ask for a copy of the Access to Records Application Form (PDF, 44Kb). This form can be used to apply for access to your records. Help is available with filling in this form if you need it. The Access to Records Application is also available on Babergh’s website on the Data Protection and Freedom of Information page. The Access to Records Application form will also be sent to you if you have made your own application but have not provided us with enough information in your original request.
Do you have to pay to see your information?
We charge a fee of £10 as set by the 1998 Data Protection Act.
Payment can be made by cash, cheque, debit/credit card. Cheques should be made payable to Babergh District Council. A receipt will be issued by the Cashiers Section.
What information will you receive?
We will give you a copy of:
- all of the information we hold about you both on computer and written record
- a description of the purposes for which we process your data;
- a list of other organisations that we share your data with;
- information about where we got your data from.
How will you be given the information?
You will be given a copy to keep and check for accuracy. This will either be a printout from the computer, or a photocopy of your manual records.
What do you do if the data is incorrect?
You must write telling us what data is incorrect within 21 days of receiving your request. If we don’t agree that the information is incorrect, you can ask for the disagreement to be recorded on your records. You can also appeal to the Information Commissioner or to the court if we do not correct the data you ask us to.
What do you do if you think you have not been given all of the information you asked for?
If you think there is some data that we have not supplied to you, you should contact us again. If you are still not satisfied you can appeal to use through our appeals procedure or you can appeal direct to the Information Commissioner. The Commissioner’s staff will look into the matter on your behalf.
Can you stop us from using information in a way that causes you damage or distress?
If you think that the use of your information could cause you damage or distress you must write to us telling us why and asking us to stop the processing. However, you cannot ask us to stop using your information if:
- you gave us permission to use your information;
- we are using the data as part of a contract with you;
- we are obliged to use your data by law; or
- we believe we need to use your data to protect your vital interests.
How will you know if we have done as you asked?
The Act requires us to respond no later than 21 days after we have received your request. If we don’t, or refuse to do as you ask, you can appeal to the court.
How will you know if decisions about you have been made by automatic means?
You can ask us whether or not your data is used to make decisions about you automatically. You can object if we tell you that we have and we have to review any decisions we have made by non-automatic means.
If we have broken any of the rules or conditions established by the Data Protection Act 1998, and you have suffered damage or distress, you may be able to claim compensation. You may also be able to claim compensation if the damage or distress was caused by our use of inaccurate data.
How do you make a claim for compensation?
You can make a claim through the courts. You must be able to show that we have not taken reasonable care to comply with the Act. If the case against us involves use of inaccurate data you must show how you have suffered damage as a result of that use.
Do we provide any help in understanding the information?
If you need help with this leaflet, the application form or the information provided, let us know and we will provide some assistance. A translation service is also available.
How can I find out more?
You can find out more about how we use your information by contacting us at the address given below.
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