Data protection legislation is designed to help protect personal data as it sets out rules and conditions which must be followed when collecting and using this data. We publish Privacy Notices to provide you with more information on the personal data we collect and why.
Your rights
Under Data Protection Legislation, in some circumstances, you may have the right to:
Request access to the personal data we hold about you
This is known as a subject access request (SAR).
If you wish to make a subject access request, you can do this in a number of ways:
Either apply in writing:
or
- By post to Information Governance Team, Wigan Town Hall, Library Street, Wigan, WN1 1YN.
You can also make a subject access request verbally, perhaps via a social worker or personal advisor.
You must:
- Give your full name and address
- Provide proof of your identity and address. This can include:
- Current passport or driver’s licence or other photo ID; and
- Utility bill or bank statement from the last 3 months or Council Tax bill for the current year.
- Provide any other information that you have that may help us to identify which departments might hold your information, including the name of any officers you currently have or have previously had contact with.
We will not charge a fee unless we deem the request manifestly unfounded or excessive (and even then, we will discuss this with you) or if you request further copies of the same data.
What if you want somebody else to do it for you
A third party (e.g. family member, friend, legal representative) can submit a request on your behalf, but they must have your written consent and we must be satisfied of their identity as well as yours. If you are a parent asking about your child’s personal information, we will need to see evidence that you have parental responsibility. If the child is aged 13 or over, we would normally also expect their consent.
CCTV
If you would like to access CCTV footage, please follow the process at Closed Circuit Television (CCTV).
Adoption records
If you're adopted and would like information about your adoption and/or your birth family, you will need to contact Together for Adoption (external link) on 01942 487272.
What happens next?
Once we have received your request and proof of identity, we will pass it to the relevant council department to find out what information you may be entitled to.
We will send you a response within one month of verifying your identity.
However, please note that if we deem that your request is complex, this deadline may be extended by a further two months. We will inform you as soon as possible within the first month if we intend to extend the deadline of your request.
Where we process a large amount of information about you, we may ask for further information about your request to help us identify the information you want to receive.
Information we do not provide
There are legal reasons under Data Protection legislation that mean we may have to withhold some information from your file. This is most often personal data of other people, but there may be other exempt information. If any exemptions apply, we will inform you when we respond to your request.
For further information in relation to specific exemptions please visit Information Comissioner's Office (external link).
Request that your personal information is rectified
You may request that we rectify your personal information if you consider it is incomplete or factually incorrect; this is often known as the right to rectification. You should follow the process above under Subject Access Request to make such a request. We will then process your request in line with data protection legislation.
You can read more about this right at right to rectification on Information Comissioner's Office (external link).
Request deletion of your personal information
You may request that we delete your personal information if you consider it is processed unlawfully or is unnecessary or no longer needed. This is often known as the right to erasure or the right to be forgotten.
You should follow the process above under Subject Access Request to make such a request. We will then process your request in line with data protection legislation.
Please note that the right to erasure does not apply where your personal information was processed because of a legal obligation on us or we were performing a public task.
You can read more about the right to erasure on Information Comissioner's Office (external link).
Object, at any time, to your personal information being processed
In some circumstances, you may request that we stop processing your personal information.
You should follow the process above under Subject Access Request to make such a request. We will then process your request in line with data protection legislation.
Whether we comply with such a request will depend on the reason we collected your information.
You can read more about the right to object to the use of your data on Information Comissioner's Office (external link).
Request restriction on the processing of your personal information
You may request that we restrict the processing of your personal information in some circumstances such as: if you have objected to the processing or asked us for erasure and we need time to consider your request or if you require us to retain your information for the establishment, exercise or defence of your own legal rights.
You should follow the process above under Subject Access Request to make such a request. We will then process your request in line with data protection legislation.
You can read more about the right to restrict processing on Information Comissioner's Office (external link).
Withdraw your consent to us processing your personal information
Where the legal reason for processing your personal information is based on your consent, you have the right to withdraw your consent at any time.
If you wish to do this, please e-mail the Data Protection Officer or write to them at Wigan Town Hall, Library Street, Wigan, WN1 1YN.
Request a review of an automated decision made about you
Where we use only an automated system or programme that does not involve a human being, you have the right to request that a decision which legally affects you is reviewed by an appropriate officer. Where such automated decisions are made, this will be set out in the relevant privacy notice.
You should follow the process above under Subject Access Request to make such a request. We will then process your request in line with data protection legislation.
Further information can be found on Information Comissioner's Office (external link).
Request to receive your personal information in a machine readable form and to have it transmitted to another organisation, if technically feasible
The right to portability may allow individuals to receive a copy of their personal data or to have their personal data transmitted from one organisation to another.
You should follow the process above under Subject Access Request to make such a request. We will then process your request in line with data protection legislation.
Further information on data portability can be found on Information Comissioner's Office (external link).
If you are unable to find the information you require on this page, please email subjectaccess@wigan.gov.uk with your specific enquiry.