Personal Information
What is personal information?
Personal information can be described as any information about you that identifies you; for example your name, address or telephone number. It can also be the type of job you do, the things you buy, an email address, a photo and the place you went to school or the services that we provide to you. It can also be held in different ways, for example electronically or on paper.
We value your personal information
Sefton Council collects and processes personal information about its service users and its employees. Information is processed in accordance with the UK General Data Protection Regulation and Data Protection Act 2018. We will only gather the minimum information necessary and use it to provide you with an effective and joined-up service. It will be adequately protected and shared with other agencies only where the law permits. Finally, it will be destroyed as soon as it is no longer required.
Requesting access to information/record(s)
The Council is made up of many different areas of service.
If you have had recent contact or involvement with a service and you are seeking a copy of a specific document only, we recommend you contact that service area in the first instance as they may be able to provide this to you, by way of normal business practice.
For information about why a particular Service processes your personal data, what personal data are collected, the retention periods for that personal data, and who it will be shared with, please contact the relevant Service area for a copy of their ‘privacy notice’.
Sefton Council's Registration number is Z6451588. The entry on the Information Commissioner’s public register can be found at the following link:
https://ico.org.uk/esdwebpages/search
Sharing your personal information with other agencies or departments
Sefton Council, along with all other Public Sector agencies, are committed to providing joined-up, cost-effective services to all our customers. To do this it is sometimes necessary to share your information with other departments, agencies or external service providers. This will only be done where the law permits and will be done in compliance with the law and in accordance with guidance provided by the Information Commissioner's Office.
For more detailed information, visit the Information Commissioner's website.
Sharing without your knowledge
In limited circumstances the Council is permitted to share your personal data without your knowledge. This is principally where the information is needed for:
- the prevention and detection of a crime including fraud.
- the apprehension or prosecution of offenders.
- the assessment or collection of tax or duty.
The Council will still refuse to release personal information if it feels the request is not compliant with the requirements of UK data protection legislation, or if it determines the request is not fair or lawful.
The National Fraud Initiative (NFI)
Sefton Council are required to participate in the Audit Commission's National Fraud initiative and to share certain limited personal information with other bodies responsible for auditing or administering public funds. This enables them to prevent and detect fraud.
The Council has a duty to protect the public funds it administers and may use information held about you for lawful purposes, including and not limited to the prevention and detection of fraud, and the matching Council Tax data with Electoral Registration records.
The Council will also use the information for the purpose of performing any of its statutory enforcement duties. It will make any disclosures required by law and may also share this information with other bodies responsible for detecting/preventing fraud or auditing/administering public funds.
Access to personal information
You are entitled to request, from the Council, access to those Council records which hold personal information about you.
This entitlement exists under Article 15 of the UK General Data Protection Regulation ‘Right of access by the data subject’.
Children’s rights
Even if a child is too young to understand the implications of their rights, they are still their rights, rather than anyone else’s such as a parent or guardian.
Therefore the Council only allow parents to exercise these rights on behalf of a child if the child authorises them to do so, when the child does not have sufficient understanding to exercise the rights him or herself, or when it is evident that this is in the best interests of the child.
If you are seeking information relating to a child under the age of 13 who does not have sufficient understanding to exercise this right him or herself, we will also need to have a copy of their full birth certificate or some other form of evidence to confirm parental responsibility.
Confirming identity
The Council is obliged to confirm the identity of a requester, to ensure that we only give personal information to those who have a legal right to receive it. Therefore we will need to see proof of identification and residency and will require one document from each list. A clear full colour copy from each of the lists below should be provided.
Personal Identity Documents list
- Current signed passport
- Current full driving licence (paper or photocard)
- Birth certificate
- Adoption certificate
- Marriage certificate
Residence Identity Documents list
- Gas, Electricity or Water Bill (dated within the last 6 months for your current address)
- BT/Cable Fixed Line Telephone Bill (dated within last 6 months for your current address)
- Council Tax Statement/Payment Book (dated for current year)
- Current bank or building society statement (dated within last 6 months and showing your present address)
Please note we cannot accept provisional driving licences or mobile phone bills as identification.
If we do hold information about you we will:
- Provide the purposes of the processing
- The categories of personal data concerned
- Give you a description of it
- Tell you why we are holding it
- Tell you who it could be disclosed to
- Let you have a copy of the information in an intelligible form
In certain circumstances, you also have the right to:
- object to processing of personal data that is likely to cause, or is causing, damage or distress,
- prevent processing for the purpose of direct marketing,
- object to decisions being taken by automated means,
- in certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed,
- right to data portability in certain circumstances
- The right to lodge a complaint with the supervisory authority (the Information Commissioner’s Office)
If you wish to make a request for any of the above please e-mail Ino.Information@sefton.gov.uk
The Council will provide a copy of the information free of charge. However, we can charge a ‘reasonable fee’ when a request is manifestly unfounded or excessive, particularly if it is repetitive.
We may also charge a reasonable fee to comply with requests for further copies of the same information. The fee will be based on the administrative cost of providing the information.
If your request concerns your present or past experience as either a child known to Children’s Social Care or to Adult Social Care then please see Access to Personal Files information in Social Care.
Road traffic accidents or insurance claims - CCTV requests
If you require any footage to support a dispute or claim in relation to a road traffic accident or an insurance claim as a result of a theft or damage, then we would advise you to inform your insurance company or legal representative without delay that cameras were or may have been in the relevant location of the accident or incident.
Requests can only be made by your insurance company or legal representative under an appropriate legal process in order to support or defend the claim or dispute. These are not considered subject access requests under the right to access in these circumstances, and any such requests must provide an appropriate lawful basis. Please arrange for your Insurance Company or legal representative to send their request by e-mail to: Ino.Information@sefton.gov.uk
Individual requests for CCTV
Members of the public can request footage of themselves only and these requests are handled as Subject Access Requests. Under the Data Protection Act we cannot release footage of other individuals, third parties or images that would lead to the identification of others, as this is classed as their personal data.
Any such requests should be sent to Ino.Information@sefton.gov.uk and will be forwarded on to the relevant service area.
Please note that in most cases CCTV is only retained for a maximum of 30 days, after which time it is automatically overwritten.
For all Subject Access Requests (SARs)
If I want my details, what should I include in the request?
Include as much detail as possible. If you are looking for any particular information, it helps if you make this clear. Asking for 'everything you hold' could mean that your request is delayed whilst we ask you to provide more detail. The Council is only obliged to provide information based on a reasonable and proportionate search. Therefore, we will not conduct searches that are unreasonable or disproportionate to the importance of providing access to the information.
Can I request information on behalf of someone else?
Yes you can, but you will need to provide either the written and signed consent of that person or where that is not possible (i.e. they do not have capacity), evidence of your authority to act on their behalf, such as proof of Power of Attorney.
What happens after I make the request?
After the Information Governance team receive your request, it will be sent to the relevant Council Department. If anything is not clear, you will be asked to provide more detail. The processing of your request will be paused until you reply.
How long will it take to get my records?
- The regulations require the Council to provide you with a copy of your information within one month of receiving your valid request. However if your request is complex we are allowed to extend this by two months and we will tell you if this is the case.
- If you apply to another organisation for access to your records they may have different timescales in which to give you the information
Why has some information been blocked out or edited out?
There are several reasons why some information may be blocked out (redacted), for example it may refer to someone other than yourself: so this does not form part of your personal information. There are a number of what are known as ‘exemptions’ to the right of access under the Data Protection Act 2018. If an exemption applies to your request we can refuse your request wholly or partly.
Where an exemption applies, the reasons we give to an individual for not complying with a request may depend upon the particular case. For example, if telling an individual that we have applied a particular exemption would prejudice the purpose of that exemption, our response may be more general.
Further information on exemptions can be found on the website of the Information Commissioner’s Office at this link: A guide to the data protection exemptions | ICO
The Council is permitted to edit documents if third-party (another person’s) information does not form part of the requested information. Our obligation is to provide information rather than documents so we may delete names, for example, or edit documents.
Further information can be found on the website of the Information Commissioner’s Office at this link: Why organisations might partially or fully refuse a subject access request | ICO
Why have you not given me any information?
There are rare occasions when we do not hold the personal information you have requested. This could be for a number of reasons, for example no information about you could be found - because the records are no longer held. If we do not have the information we will let you know.
How will you get the information to me?
We will send your information to you electronically.
In exceptional circumstances it may be possible to arrange an alternative method of providing your information however, this will be subject to the volume of your information and any outside circumstances beyond our control.
Important – if in the event you wish us to post the information and it is practical to do so, we will take every care to ensure that it is addressed correctly and will be sent by Recorded Delivery.
What if I want information about the Council that is not personal information?
Access to other Council information
The Freedom of Information Act 2000 and the Environmental Information Regulations 2004 enable the public to have access to unpublished information that the Council holds, subject to certain conditions and exemptions.
The Council is committed to the proactive dissemination of information, to be open and transparent and will publish information unless restricted by legislation. Like all other public sector organisations the Council is required to make the information it holds available unless subject to an exemption.
The Freedom of Information Act
The Freedom of Information Act aims to promote a culture of openness and accountability amongst public sector bodies, by giving the public rights of access to the information held by them. It is expected that these rights will facilitate better public understanding of how public authorities carry out their duties, why they make the decisions they do and how they spend public money.
The Sefton Council FOI Publication Scheme and Guide to Information will guide you to the information that we publish.
It will show how to obtain it, and whether or not there is a charge involved. You can also find more information on the Freedom of Information Act and your rights.
How to report a data breach
To report a data breach, please email us at Ino.Information@sefton.gov.uk marking your email for the attention of the Council’s Data Protection Officer.