Making a Subject Access Request

Data Protection laws give you the right to request to see personal data that the Council holds about you.  This is known as the right of "subject access".  To make a Subject Access Request, we need to know:

  • your name and date of birth
  • the type of personal data are you requesting.  Are you looking for personal data held in relation to Social Work, Housing, Education, Council Tax or a different council service?

We may need to ask for further information before processing your request.

We may need to confirm your identity before disclosing any personal data to you.

If you are making a request for personal data relating to someone else, we may need to confirm that you are able to act on their behalf.  For example:

  • you might have Power of Attorney that enables you to act for that person
  • you may be a parent with parental rights who wants personal data relating to your child aged under 12
  • you might be acting on behalf of a friend or member of the family, and that person has signed a mandate form allowing you to act for them

Please note that children over the age of 12 are usually able to make a request for writing using their own right of access.  We may ask you to provide a mandate form signed by them before we can disclose their personal data to you.

Making a Subject Access Request

Please use the 'Contact Us' option to make a Subject Access Request for personal data held at Stirling Council.

Your rights

You now have the following rights under data protection laws.  If you have a request under any of these rights, you may make that either verbally or in writing: however, in order to help us deal with your request properly, we recommend that you complete our online Subject Access Request Contact Form using the 'Contact Us' option

  • The right to be informed about how we collect and use your personal information, through privacy notices such as this. 
  • The right to request information we hold about you. This is known as a Subject Access Request and is free of charge. We must respond within one month, although this can be extended to three months if the information is complex.  There is more information about how to make a Subject Access Request here.
  • The right to rectification. You are entitled to have your information rectified if it is factually inaccurate or incomplete. We must respond to your request within one month. If we decide to take no action, we will tell you why and let you know about your right of complaint to the UK Information Commissioner
  • The right to erasure. You have the right to ask us to delete your information or stop using it.  It will not always be possible for us to comply with your request, for example if we have a legal obligation to keep the information.  If we decide to take no action, we will tell you why and let you know about your right of complaint to the UK Information Commissioner.  
  • The right to restrict processing. You have the right to restrict how your data is processed in certain circumstances, for example if the information is not accurate. If a restriction is applied, we can retain just enough information to ensure that the restriction is respected in future. We must tell you if we decide to lift a restriction on processing.
  • The right to data portability. If we are processing your personal data with your consent, and it is held in a structured, commonly used, machine readable form, you have a right to ask us to transmit it to another data controller so they can use it.  This right does not apply if we process your personal data as part of our public task.  
  • The right to object. You can object to your information 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. 

The Information Commissioner's Office provided further information about these rights, including how you should expect us to respond to any requests.

 

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