Data Protection Act 1998

What is the Data Protection Act 1998 all about? It is the law which tells us how we must deal with personal information (data), held on both computer and manual files. Where data contains personal information which can be identified with an individual (a data subject) this is covered by the Act. It has eight principles which we must abide by when dealing with any personal data. The principles are that : Information must be obtained and processed fairly and lawfully Data will be held only for specific and lawful purposes Data shall be adequate, relevant and not excessive Data must be accurate and, where necessary kept up to date Data should only be held for as long as necessary Personal data shall be processed in accordance with the rights of data subjects under this Act Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing and against accidental loss or destruction of, or damage to personal data Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects

Mid Sussex District Council needs personal information about its citizens and all other people who do business with the Council. We only collect and use this information in ways that the law allows. The Act puts an extra duty on us to make sure we use personal information fairly and correctly.

What information do we have about you? The information we keep can include: Forms you have completed and given to us Letters and e-mails you have sent to us Notes of information given to us verbally (in person or by telephone) Details of any checks made to ensure the information we have is correct Information about you supplied by other parties Computer and paper records to do with your business with the Council

The law says we can sometimes share information about you with other organisations, such as The Benefits Agency, Inland Revenue, etc. This can be because: You have given permission The law says we have to A Court Order says it is necessary

How can I find out what information you have about me? The Act allows you to find out what information is held about you on computer and in some paper records. This is known as the right of subject access. You will need to fill in a Data Protection Subject Access Form. If you want to see the information we have about you, please try to tell us exactly what information you want to see. It may help us to know which area of service you are interested in, e.g. Council Tax, Benefits, Planning, etc. This will help us to provide a better service because we may not need to ask you for further information. The Council has a form which will help you ask for what you want and provide the necessary information. There is also a Subject Access fee of 10. If we have the information, and we are allowed to disclose it, we have a duty to provide it within 40 days. You must ask for the information in writing and provide us with information that allows us to be sure of your identity and address. For example: please supply: full name, address, copy driving licence, etc. If you have any other reference numbers we use, such as a Benefit reference or Rent Reference you think might assist us, please also include these.

Can I see all the information held about me?

You can usually see all the information held about yourself, but there are some exceptions. These exceptions are mainly to do with: Detecting and preventing crime Catching and prosecuting offenders Details which might put at risk other citizens or our staff Information about other people, where their consent is withheld Information protected by other legislation

Your right to see certain health or medical information may also be limited. If you ask for information that includes something you do not have a right to see we may have to delete or remove information - but only if the law allows us to.

Where do I send a request for information? Please send your request to the Data Protection Officer, Mid Sussex District Council, Oaklands, Oaklands Road, Haywards Heath, West Sussex, RH16 1SS You will need to complete the form, enclose some proof of identity and the search fee of 10.

Where do I get help and advice? When communicating with the Council on a data protection matter, please contact the Data Protection Officer at the address given above or by e-mail to the dataprotectionofficer@midsussex.gov.uk or by telephone on 01444 477422. More information is available from the Office of the Information Commissioner, Springfield House, Water Lane, Wilmslow, Cheshire, SK9 5AX, or from their web-site at www.dataprotection.gov.uk

Disclaimer Remember that this is a general guide and is not a full and authoritative statement of the law. The Council has made every effort to ensure that the information is correct, but changes in the law may make the guidance become gradually less accurate.