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Data protection and subject access requests

Data protection law and the Data Protection Act, how to make a subject access request to find out what data we hold about you, how we process your personal information.

Make a subject access request

Under data protection legislation, you have the right to ask to see information we hold about you. 

Asking for your information is called the right of access and is commonly known as making a subject access request.

Once we receive a request, all efforts will be made to fully comply within 1 month of receipt of your request. If we are unable to comply with your request within 1 month, we will inform you and explain why the extension is necessary.  

We can extend the time to respond by a further 2 months. Requests can be made verbally but we recommend you put it in writing if possible because this gives you a record of your request.

 

You can also submit a request by:

Email: dataprotection@dumgal.gov.uk
Telephone: 01387 260467
Post: Data Protection Officer
Dumfries and Galloway Council Headquarters
English Street
Dumfries
DG1 2DD

Proof of identification (ID)

For your own protection we must make sure that the request is genuinely from you to protect your personal data. We do this in various ways.

If you are currently in contact with an officer

If you are currently in communication with a local authority officer, such as a social worker or a teacher, then they can confirm your identity.  

Ask them to confirm you are the named person making the request by emailing dataprotection@dumgal.gov.uk from their work email account. The person you ask should not be:

  • related to you
  • living at the same address
  • in a relationship with you

If you are not in contact an officer

If you do not have current contact with a local authority officer, please provide proof of ID when submitting your request. 

We need 2 forms of ID to be sent along with your request. These should include something that identifies you, for example a passport, driving licence or birth certificate and something that confirms your address such as a utility bill. We may accept other forms of ID.

Copies of your ID

If making your application by email or post, please send black and white photocopies rather than originals.

You can also take proof of ID, along with your request, to a council building, so that a member of council staff can confirm your ID. If you are a parent or carer wishing to make a request, you can get your ID authorised at your child's school.

If you do not have any of these forms of ID, please contact us. If we are unable to verify your identity with the information provided, we may need to ask for further information. The timescale for responding begins once you have completed the verificaton.

Making a request on behalf of someone

You may prefer a third party (a relative, friend or solicitor) to make a request on your behalf. To allow another person to access your information on your behalf we need to be satisfied that the third party is entitled to act on your behalf.

If you are asking for someone else's personal information, complete the 'mandate – permission to release your personal information' form.


You can also provide other evidence that you are entitled to the information (proof of parental responsibility for a young child (under 12) or power of attorney).

You can make a request on behalf of a child only if:

  • they are your child and are too young to make the request themselves (under 12 years of age)
  • you have their written permission to do so
  • you have a power of attorney for the person concerned

If you are making the request on behalf of another person, you and the person who the information is about will both need to provide proof of ID. Please see above section on proof of ID. We will not be able to process your request until we have received proof of who you are.

Cost

There is no fee for making a subject access request. However we may charge if:

  • you want more copies of the same information
  • we think your request is excessive

We will tell you there will be a charge before we send you the information.

Your individual rights

You have the right to:

  • be informed of why and what we will do with your personal data
  • have access to your personal information
  • have your personal data deleted
  • restrict or object to processing of your personal data
  • have personal data corrected
  • have personal data moved from one IT environment to another securely and without hindrance
  • withdraw your consent

To exercise these rights contact us: 

Email: dataprotection@dumgal.gov.uk 

How to raise a concern

If you are not satisfied with how we have answered your request or have concerns about how we handled your personal information, you should email our us:

Email: dataprotection@dumgal.gov.uk 

We will consider your concerns and will respond within 1 calendar month. If we cannot respond within that timescale, we will let you know when we will be able to respond.

If you are unhappy with our response to your concern, you are entitled to raise your concern with the regulator of data protection. This is the UK Information Commissioner (ICO) and you can contact them by writing to:

UK Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
Information Commissioner's website