Your privacy rights
The law provides you with a number of rights to control the processing of your personal information:
Accessing the information we hold about you
You have the right to ask for all the information we have about you. When we receive a request from you in writing, we must normally give you access to everything we have recorded about you. However, we will not let you see any parts of your record which contain:
- Confidential information about other people; or
- Data an information professional thinks will cause serious harm to your or someone else’s physical or mental wellbeing; or
- If we think that the prevention or detection of crime may be adversely affected by disclosing data to you.
This applies to paper and electronic records. If you ask us, we will also let others see your record (except if one of the points above applies). If you cannot ask for your records in writing, we will make sure there are other ways you can apply. If you have any queries regarding access to your information please contact DPO@essex.gov.uk or 03330 322970
Changing information you believe to be inaccurate
You should let us know if you disagree with something written on your file. We may not always be able to change or remove the information; however, we will correct factual inaccuracies and may include your comments in the records. Please use the contact details above to report inaccurate information.
Asking for your information to be deleted (right to be forgotten)
In some circumstances you can request the erasure of the personal information used by the Organisation, for example:
- Where the personal information is no longer needed for the purpose for which it was collected
- Where you have withdrawn your consent to the use of your information (where there is no other legal basis for the processing)
- Where there is no legal basis for the use of your information
- Where erasure is a legal obligation
- Where personal information has been shared with others, the Organisation shall make every reasonable effort to ensure those using your personal information comply with your request for erasure.
Please note that the right to erasure does not extend to using your personal information where:
- It is required by law
- It is used for exercising the right of freedom of expression
- It is in the public interest in the area of public health
- It is for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes where it would seriously affect the achievement of the objectives of the processing
- It is necessary for the establishment, defence or exercise of legal claims.
Restricting what your information is used for
You have the right to ask us to restrict what we use your personal data for where one of the following applies:
· You have identified inaccurate information, and have notified us of this
· Where using your information is unlawful, and you wish us to restrict rather than erase the information
· Where you have objected to us using the information, and the legal reason for us using your information has not yet been provided to you
When information is restricted it cannot be used other than to securely store the data, and with your consent, to handle legal claims, protect others, or where it is for important public interests of the UK.
Where restriction of use has been granted, we will inform you before the use of your personal information is resumed.
You have the right to request that the Organisation stop using your personal information for some services. However, if this request is approved this may cause delays or prevent us delivering a service to you. Where possible we will seek to comply with your request, but we may need to hold or use information in connection with one or more of the Organisation’s legal functions.
Computer based decisions about you and if you are ‘profiled’
You have the right to object about decisions being made about you by automated means (by a computer and not a human being), unless it is required for any contract you have entered into, required by law, or you have consented to it. You also have the right to object if you are being ‘profiled’. Profiling is where decisions are made about you based on certain things in your personal information. If and when the Organisation uses your personal information to profile you, you will be informed.
If you have concerns regarding automated decision making, or profiling, please contact the Data Protection Officer who will be able to advise you about how your information is being used.