Privacy and Personal Data

South Hams District Council are committed to protecting and respecting your privacy and will inform you of how we process your information.

Privacy Notice - Freedom of Information Requests

South Hams District Council take your privacy seriously. We will use your information in order to process requests for information under the Freedom of Information Act 2000 (FOI) and the Environmental Information Regulations 2004 (EIR). This notice sets out what we will do with your personal information and who we may share it with in respect of the above.

What information about you do we collect?

We collect the following information:

  • Name
  • Email address
  • Postal address
  • Telephone number

How do we collect information about you?

Relevant personal data will be collected:

  • Directly from you as the data subject

How will your personal data be used?

Your personal data will be used in the following ways:

We will store your information in a secure case management system and only use it in relation to processing and consideration of your request for information under the FOI and EIR. Details of the subject matter raised may be shared with management teams and provided in reports to help with improvements and monitor our level of service, but this does not include personal details of the person submitting the request. Requests and responses are also published on our website, but this will not identify who made the request or identify any individuals or personal information.

The Legal basis for processing your data

Your personal data is processed under the following legal bases:

  • Article 6 1(c) processing is necessary for compliance with a legal obligation to which the controller is subject

The Council is legally obliged to accept and respond to requests made under the FOI and EIR.

  • Article 6 1(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

Processing requests for information is a public task in the public interest. Without your personal data, we would be unable to respond to requests. Under the FOI and EIR, a name and contact address must be provided to make a request valid. Guidance can be found on the Information Commissioner’s Website.

Who will your personal data be shared with?

The information you provide may be shared across the various service areas of Council, in order to fully investigate and answer the request. Where we need to liaise with third parties who provide services on the Council’s behalf, we will only share details of the information requested and not your personal information. We will contact you to obtain your permission if it becomes necessary to pass on any personal information.

The Council will never sell your data to anyone else.

Transferring of data outside the EU

Your data will not be transferred outside of the EU. It will be securely stored electronically within the UK only, unless it was necessary for safeguarding or for the prevention and detection of crime.

Length of time we keep your information

The Council will retain personal data for 2 years from the date your enquiry has been closed.

Individual rights

You have a number of rights under the General Data Protection Regulations. These can be found on the ICO website.

If you would like to exercise any of these rights, please email data.protection@swdevon.gov.uk.

The Data Controller for your information

The Data Controllers for this information are South Hams District Council, Follaton House, Plymouth Road, Totnes, Devon TQ9 5NE and West Devon Borough Council, Kilworthy Park, Drake Road, Tavistock, Devon PL19 0BZ.

Data Protection Officer

The Councils have a duty to appoint a Data Protection Officer. The Council’s Data Protection Officer is Drew Powell, South Hams District Council Follaton House, Plymouth Road, Totnes, Devon TQ9 5NE

If you have any queries about our privacy notices or would like to exercise your data rights or make a complaint, please contact the Data Protection Officer by emailing data.protection@swdevon.gov.uk, telephoning 01803 861234 or writing to them at Data Protection Officer, South Hams District Council/West Devon Borough Council, Follaton House, Plymouth Road, Totnes, Devon TQ9 5NE

If you are not happy with how we have handled your complaint, you have the right to contact the Information Commissioner’s Office to raise your concerns about how we have processed your information or how we have responded to your request to exercise any of your rights in relation to your information:

  • Telephone them on 0303 123 1113
  • Visit their website at www.ico.org.uk/concerns
  • Write to them at:
    Information Commissioner’s Office
    Wycliffe House
    Water Lane
    Wilmslow
    Cheshire
    SK9 5AF