How to make a Data Subject Access Request
In order for us to properly understand your request you need to make it in writing, either by email or in the form of a letter.
Emails should be sent to firstname.lastname@example.org. Letters should be sent to: Jacqui Peskett, Parish Clerk, A2 Victoria Advent House, Station Approach, Roche PL26 8LG.
On receipt of the written request
It is important that personal data is only disclosed to the correct person.
When a request is submitted, the Clerk will first check that the there is sufficient information provided to be sure of your identity. Often the Clerk will have no reason be uncertain, for example, if the Clerk has regularly corresponded with you.
However, if the Clerk has good cause to be uncertain of your identity, the Clerk can ask you to provide any evidence reasonably need to confirm your identity. For example, the Clerk may ask you for a piece of information held in your records that the Clerk would expect you to know; a witnessed copy of your signature; or proof of your address.
If the person requesting the information is a relative/representative of the individual concerned, then the relative/representative is entitled to personal data about the applicant but must supply the evidence of the applicants consent prior to the release of the requested personal data.
If you have been appointed to act for someone under the Mental Capacity Act 2005, you must confirm your capacity to act their behalf and explain how you are entitled to access their information.
If you are the parent/guardian of a child under 13, the Clerk will need to consider whether the child can provide their consent to you acting on their behalf.
Should you make a data subject access request, but you are not the data subject, you must stipulate the basis under the Data Protection Act that you consider makes you entitled to the information.
Where records containing an applicants’ personal information also contain personal information about a third party, the latter information will be removed from any data provided -unless that third party has agreed to it being included.
Fees Information you have requested will be provided free of charge unless the request is considered to be “manifestly unfounded or excessive” (see further information below), in which case a reasonable fee may be charged.
A reasonable fee may be charged for supplying further copies of the same information that you have previously been supplied with. Any fee charged will be based on the actual administrative cost of providing the information.
When can you expect a response?
The Clerk will aim to provide you with the information you have requested as soon as possible and at the latest within one month of the receipt of the request. This timescale can be extended by up to three months if the information requested is complex or numerous, and in this case you will be told within one month how much extra time is required and why.
How will I receive the response?
If you have submitted your request electronically, the Clerk will respond electronically wherever possible, unless you advise us that you wish to receive the response by another means. If you have submitted your response as a printed letter, the Clerk will respond in writing to the address provided.
Your rights in relation to your data
You are entitled to ask for your personal data to be corrected where you believe it is inaccurate.
You are entitled to withdraw your consent to the processing of your personal data by the council.
You are entitled to ask for your personal data to be deleted.
However, if processing is necessary to provide you with the service (or information) you have requested then withdrawal may mean you will not receive that service or information. The Clerk may also have a lawful reason to continue processing your data. The Clerk will make it clear if this is the case and discuss your concerns directly with you before the Clerk stops processing your data.
Subject access requests which are “manifestly unfounded or excessive”
If the Clerk consider your request to be “manifestly unfounded or excessive”, the Clerk can charge a reasonable fee, or refuse to provide the information requested. The Clerk will only apply this provision in exceptional circumstances and if the Clerk believes that it is applicable the Clerk will inform you within one month of the date of the of the reasons for such a decision.
You will have the right to complain to the Information Commissioner’s Office and/or to apply to the courts to force disclosure and for compensation.
Complaints about the manner in which your request has been handled should be addressed to the Parish Clerk. If you are dissatisfied with the handling of your request or complaint, you have a right to appeal to the Information Commissioner. There is no charge for making an appeal. The contact details are: The Information Commissioner’s Office Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF Email – email@example.com Telephone – 01625 545745 or 0303 123 1113 (local rate).
Adopted at the Parish Council meeting held on November 11th 2020