Your Rights: Data Subject Access

The UKGDPR provides you with the right to access the personal, special category personal or criminal/law enforcement data the council, as a public authority holds about you. Upon receipt of a valid request the council will:

  • provide you with a response within one month
  • let you know if your request is subject to an extension
  • make reasonable efforts to comply with the format of your request
  • inform you if your request is going to be refused or a charge is payable

We will not disclose:

  • any information that relates to a third party as this will breach their rights under UKGDPR/Data Protection Act 2018
  • where a professional thinks disclosure would cause serious harm to you or someone else
  • information that may hinder the prevention or detection of crime.

You can make a Data Subject Access Request by contacting:

Your Rights - Other

In addition to your right of access the UKGDPR gives you the following rights:

  • the right to be informed via the council's Privacy Notice
  • the right to withdraw your consent. If we are relying on your consent to process your data, then you can remove this at any point
  • the right of rectification, we must correct inaccurate or incomplete data within one month
  • the right to erasure. You have the right to have your personal data erased and to prevent processing unless we have a legal obligation to process your personal information. Where your personal data has been shared with others, we will ensure those using your personal data comply with your request for erasure.
  • the right to restrict processing. You have the right to suppress processing. We can retain just enough information about you to ensure that the restriction is respected in future
  • the right to data portability. We can provide you with your personal data in a structured, commonly used, machine readable form when asked
  • the right to object. You can object to your personal data being used for profiling, direct marketing or research purposes
  • you have rights in relation to automated decision making and profiling, to reduce the risk that a potentially damaging decision is taken without human intervention.

Where our processing of your personal, special category personal or criminal/law enforcement data is based on your consent, you have the right to withdraw your consent at any time. If you do decide to withdraw your consent, we will stop processing your personal data for that purpose, unless there is another lawful basis we can rely on - in which case, we will let you know. Your withdrawal of your consent won't impact any of our processing up to that point.

Where our processing of your personal, special category personal or criminal/law enforcement data is necessary for our legitimate interests, you can object to this processing at any time. If you do this, we will need to show either a compelling reason why our processing should continue, which overrides your interests, rights and freedoms or that the processing is necessary for us to establish, exercise or defend a legal claim. 

Unless otherwise stated above you can exercise any of these rights by contacting:

Email: dataprotection@cumberland.gov.uk  

Post: Cumbria House117 BotchergateCarlisleCumbriaCA1 1RD

Verifying Your Identity

When exercising the rights mentioned above, please be aware that under UKGDPR Article 12(6) additional information can be requested to verify that you are the data subject if your identity is unconfirmed. Please note that:

  • additional documentation is only required when the council cannot verify your identity using internal council systems that relate to the service you are requesting information about
  • the council will contact you for this documentation prior to processing your request
  • the statutory deadline for responding to your request will start when you have provided the additional documentation
  • failure to provide additional documentation may lead to the council rejecting your request

Complaints

If you have concerns about the way the council has processed your data, please contact:

Email: dataprotection@cumberland.gov.uk  

Post: Cumbria House117 BotchergateCarlisleCumbriaCA1 1RD

If you are not satisfied with our response or believe we are not processing your personal data in accordance with the law you can complain to the Information Commissioner's Office (ICO)