Council and democracy

Data protection

The Data Protection Act 1998 came into force on 1 March 2000 and gives people rights over data the Council holds about them. This includes all personal information held on paper or computer records.

Personal data is information the Council holds about individuals, this may include both facts and opinions. It also includes information regarding the intentions of the data controller (ie the Council) towards the individual.

There are two types of personal data:

1. Personal data - data relating to any living individual who can be identified.
   
2. Sensitive personal data - data relating to race or ethnic origin, political opinions, religious or other beliefs, trade union membership; health; sex life, criminal proceedings or convictions.

How do I obtain my personal information?

All correspondence must be made in writing. If you wish to gain access to the personal data that we hold about you, please complete the request form or alternately you could write or send an email to the address at the bottom of this page.

We cannot give personal information over the telephone.

Before we supply you with any information we will need to be satisfied of your identity. We may ask you to provide additional information/documents to confirm your identity.

If you are applying on behalf of someone else, you will be asked to confirm both your identity as well as that of the individual whose information is being requested. You will also need to provide a letter of consent from the individual whose information is being requested.

A change of £10 is made for each request - please make payable to the London Borough of Croydon.

What happens after a request is made?

We will acknowledge your request and advise you the latest date by which we aim to provide this information. We have to provide the information no later than 40 days after receiving a request. When we have collated the data, we will send you a copy of your details by post. You will be provided with the information you are entitled to receive subject to any exceptions that may apply.

Complaints

You will receive an acknowledgment within five working days of receipt of the complaint. A full investigation and any decision will be made and conveyed to you within 20 working days. If we are unable to deal with your complaint within this time we will inform you and let the know the reason for the delay.

If your complaint is upheld you will be notified of what action will be taken. If the complaint is not upheld you will be given a reason for the decision.

What can I complain about?

Your complaint will be fully investigated and treated confidentially. Under the Data Protection Act you are entitled to complain to the Council if you:

• feel that the application was not dealt with within the 40 day time limit
• didn't receive all of the information you requested
• didn't receive reasons why your request has been refused
• feel that exemptions have been wrongly applied, and/or
• believe the information provided was incomplete
• believe the information provided was inaccurate

How do I make a complaint? What do I need to do?

• Make it clear that you are making a complaint about a matter to do with Data Protection
• Provide us with your name and contact address (this can be an e-mail or postal address). 
• Provide a phone number (in case we need to contact you to help us deal with your complaint).
• Provide full details of your complaint.
  

You must put your complaint in writing in one of the following formats:

• e-mail us at information@croydon.gov.uk
• fax us at 0208 760 5679
• write to us by letter and sending it to Data Protection Complaints, London Borough of Croydon, Democratic and Legal Services, Croydon, CR9 3JS

You can ask another organisation to help you make a complaint, such as your local Citizen's Advice Bureau or Racial Equality Council, or ask a member of staff at the Council to help you.

What outcomes can there be following an investigation into my complaint?

We may decide one or more of the following:

• Information may be disclosed which was previously withheld, and/or; 
• that the Council has not followed its procedures in relation to Data Protection. We will apologise and tell you what we will do to put it right and to make sure that similar errors do occur in the future, or;  
• that the initial decision to withhold information is upheld and/or that the Council has correctly followed its procedures.

What if I am not happy with the Council's response to my complaint?

If you are not satisfied with our response to your complaint, or if we have not been able to resolve your complaint, you may contact the Information Commissioner to ask him to investigate the matter. You can contact the Information Commissioner at:

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Phone: 01625 545700

Email: data@dataprotection.gov.uk

Website: www.informationcommissioner.gov.uk

Contact Details

Contact name

James Derby

Job title

Corporate Solicitor (Information)

Department

Democratic & Legal Services

Telephone

020 8726 6000 Ext 61359

Email

information@croydon.gov.uk

Address

Taberner House
Park Lane
Croydon
CR9 3JS