Personal Information and the
Data Protection Act 1998
Frequently asked questions
What is the Data Protection Act?
It is a new law which came into force at the end of October 1998. It was introduced to protect personal data, that is data about individuals (you and me), no matter how it is processed, what it is processed for or who processes it.
Here are examples of personal data.
Name: Val Pitman
Position: Data Protection Officer
e-mail: val.pitman@hants.gov.uk
Other examples of personal data include your address, date of birth, and the information held in your driving licence and passport
How does it protect personal data about you?
By setting rules and conditions which all users of personal information, such as this authority (the Act calls us Controllers), must obey when obtaining and using information about you. The Act also provides you with certain rights which the Controllers must respect
Do you have to pay to see your information?
Yes, you need to send a cheque or postal order for £10 made payable to Hampshire County Council together with your Subject Access Request Form and the required proof of identity. A separate Subject Access Request form (CR11) and booklet called `Your Records' is available if you wish to access your Social Services Client File.
The £10 fee is to help cover our administration costs.
What do you do if the data is incorrect?
You must write telling us what data is incorrect and ask for the data to be corrected. We must tell you what has been done within 21 days of receiving your request. If we do not agree that the information is incorrect you can ask us to note your disagreement within the personal records we hold on you. You can also appeal to the Information Commissioner or the courts if we do not correct the information.
What can you claim compensation for?
If Hampshire County Council has broken any of the rules or conditions established by the Act and you have suffered substantial damage or distress you may be able to claim compensation. You may also be able to claim compensation if the damage or distress was caused by our use of inaccurate data.
Why do we keep personal information?
So that we can provide you with the services you require and maintain a record of the services provided.
Does the authority need your consent to use information about you?
We require your consent if we are going to process data about you for purposes other than those we are required to provide by law. If we intend to use your personal data for another purpose, we will need your consent.
Our application forms and requests for data are being reviewed to make sure you will understand why we are collecting your data and whether or not we need your consent.
How do you ask to see information about you?
You must complete a Subject Access Request Form, available from the Data Protection Officer (see below) or from our Information Centres.
Tel. 0800 028 0888
What do you do if you think you have not been given all of the information you asked for?
Write to the Data Protection Officer at Hampshire County Council or you can appeal to the Information Commissioner.
Addresses can be found below.
How can you prevent Hampshire County Council from using information about you for direct marketing or stop us from using information for a purpose which could cause you damage or distress?
If you think we have used your personal data to send you promotional literature or advertising that you do not wish to receive, please write to the County Council requesting us not to use your details for direct marketing
If you think that the use of your personal data could cause you damage or distress, write stating your reasons for stopping the processing
What are your rights?
· To ask Hampshire County Council if it holds personal information about you.
· To ask what it uses the information for.
· To be given a copy of the information.
· To be given details about the purposes for which Hampshire County Council uses the information and of other organisations or persons to whom it is disclosed.
· To ask for incorrect data to be corrected.
To ask Hampshire County Council not to use personal information about you
1. for direct marketing;
2. which is likely to cause unwarranted substantial damage or distress;
3. to make decisions which significantly affect you, based solely on the automatic processing of the data.
· To compensate for damage or distress should these be caused by our failure to comply with certain requirements of the Act.
Contact details
The Data Protection Officer
Hampshire County Council
Chief Executive's Department
Queen Elizabeth II Court
Winchester
SO23 8UJ
Tel: 01962 846612
e-mail: val.pitman@hants.gov.uk
The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Information Line: 01625 545745
Published January 2003
Produced by the Data Protection Officer
Chief Executive's Department
Hampshire County Council
