Data protection

This legislation is designed to cover the collecting, storing, processing and distribution of personal data. It gives rights to individuals about whom information is recorded. The local authority is responsible for ensuring that they comply with the terms of the Act.

Read the Data Protection Policy.

Data Protection Act 1998

The Data Protection Act 1998 came into force on 1st March 2000 to protect personal data about individuals.

Under the Act any ‘data controller’ has a duty to protect information collected from an individual. ‘Data’ includes information held in manual files or on computer. The Act also gives the individual rights to request information on data held about himself.

Why does SBC hold data about me?

The council needs to process personal data about you in order to provide its services effectively.

How is my personal data protected by the Act?

The council as a ‘data controller’ is only allowed to process data about you fairly and lawfully in accordance with the provisions of the Data Protection Act. The Act sets out rules and conditions which the Council must comply with when obtaining and using information about you.
 
For example, you have the right to require the council to stop processing personal data about you if the processing of that data will cause substantial and unwarranted damage or distress. You can also require the council to stop processing personal data about you for the purposes of direct marketing. You are also entitled to see what data the Council holds about you and have corrected any information that might be wrong.

How do I request data held by the council about me?

You have the right to ask the council what information it holds about you, what the information is being used for and who the information is being given to. You have the right to be given a copy of the information the council holds about you and to correct any incorrect information. This type of request is referred to as a 'Subject Access Request'.

You need to make any such request in writing to the council’s Data Protection Officer, and include the following information:

  • Your written request, providing as much specific information as possible so that we can service your request as quickly and completely as possible. This could include any case details, relevant date ranges, individuals (or their Service areas) you have had contact with.
     
  • The standard SAR payment of £10:
     
    • A cheque made payable to 'Scarborough Borough Council';
    • A Postal Order made payable to 'Scarborough Borough Council';
    • Cash presented in person at the council's Customer First centre (please mention that the payment is for a Subject Access Request);
    • If you would prefer to arrange a direct bank transfer, please contact us for details.
       
  • Printed evidence that proves your identity (please send copies of documents, not originals).
     
  • Please include a postal address and, if possible, an email address for us to send the response to. Email is our preferred correspondence for SARs as we can ask any questions quickly via email and we can also provide an electronic response to you via email. This is more secure and cost-effective than printing and posting paper copies.

We will begin to respond to your SAR only when we have received and successfully processed your payment and are satisfied that we have proven your identity. From this point, the council endeavours to respond to you within 40 calendar days.

Subject Access Requests should be made in writing, accompanied by the £10 payment (unless the payment is to be made in person) and including evidence of your identity, and sent to:

Data Protection Officer
Town Hall
St Nicholas Street
Scarborough
North Yorkshire
YO11 2HG

What can I do if the council has not met its obligations?

If your rights are infringed and you suffer damage as a result you may be entitled to claim compensation.