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 - Subject Access Request

South Hams District Council takes your privacy seriously.

This notice sets out what we will do with your personal information and who we may share it with.

We will use your information in order to process requests for personal data under the Data Protection Act 2018 and General Data Protection Regulation (GDPR) 2018). 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
  • Relevant contact details i.e. email address, telephone number, postal address
  • Confirmation of ID in the form of relevant documents, if required

This is to ensure that we are able to respond to your request and that any information provided is sent to those who are legally entitled to it. If you chose not to provide some of the required information, we may not be able to progress with your request.

How do we collect information about you?

Relevant personal data will be collected:

  • Directly from you as the data subject or from someone who is legally entitled to request the data subject's personal data on their behalf i.e. legal representative, parent, relative.

How will your personal data be used?

Your personal data will be used in the following ways:

  • To administer and process your request for personal data.

The Legal basis for processing your data

The Council is processing this personal data under the following legal bases:

  • Article 6 1(a): The data subject has given consent to the processing of his or her personal data.
    • By submitting the request for personal data, you have given us consent to use your personal data to administer your request.
  • Article 6 1 (b): The processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering a contract.
    • Without your personal data and the ability to process it to administer your request, we would not be able to progress with your request and provide you with your personal data.
  • Article 6 1 (c): The processing is necessary for the compliance of a legal obligation to which the controller is subject.
    • In accordance with the Data Protection Act 2018 and GDPR 2018, we are legally obligated to provide you with your personal data, should you make a valid request for us to do so.
  • Article 6 1 (e): The 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.

In accordance with the Data Protection Act 2018 and GDPR 2018, we have a public duty to provide you with your personal data, should you make a valid request for us to do so.

Who will your personal data be shared with?

  • Your personal data will only be shared within the Council, amongst authorised staff in order to process your request.
  • If you have appointed a third party to act on your behalf in making the request, your personal data will also be shared with them.
  • In some circumstances we may also need to forward it to third parties in order to obtain their permission to release information we hold about you if it was originally provided by them.

We will not share your personal data with any other third parties except where you have explicitly stated that we should, or where we are required to do so by law.

We will never sell your data to anyone else.

Transferring of data outside the EU

Your data will not be transferred outside 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

We will retain personal data for no longer than 2 years after completion of your request.

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 the Data Protection Officer.

The Data Controller for your information

South Hams District Council

Follaton House,

Plymouth Road,

Totnes,

Devon

TQ9 5NE

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/West Devon Borough 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 email, 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