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Data protection

Data Protection and your rights

The Data Protection Act 2018 and the European General Data Protection Regulation 2016 (DPA18 & GDPR), regulates the way in which personal data is managed by the Council. The core principles which underline DPA18 & GDPR are designed to keep personal information confidential, accurate and secure.

In order to deliver services to citizens and communities within East Renfrewshire, it is necessary for the Council to collect, gather and process personal data about residents, employees and other individuals. We will use your personal data to verify your identify where required and to make contact with you by post, email or telephone and to maintain our records.

The Council provides services as part of our statutory functions. In delivering our functions and activities, it may be necessary for us to process more sensitive personal information for reasons of substantial public interest. This is known as special category data. The legal conditions for processing are set out within DPA18 & GDPR and include:

  • to carry out key functions as set out in law
  • to meet our legal obligations in relation to employment, social security and social protection law
  • to protect your vital interests or the vital interests of others in circumstances where we will not be able to seek your consent
  • where this is necessary for the establishment, exercise or defence of legal claims
  • for the purposes of provision of social care systems and services where this is necessary in the public interest in the area of public health
  • for archiving, research and statistical purposes

The precise lawful basis for the Council using personal information will vary depending on which service we are providing. 

Further details, including individual's rights under DPA 18 & GDPR, can be obtained from our Privacy Policy and our Data Protection Policy.

Make a Subject Access Request

DPA2018 & GDPR gives individuals (data subjects) a number of rights including the right to access personal data that an organisation holds about them.   You can make a formal request to us either verbally or in writing. You must however;

  • supply information to prove who you are (to eliminate risk of unauthorised disclosure)
  • supply appropriate information to help the council locate the information you require

Your request should include details and provide evidence of who you are, for example, driving licence, passport, and birth certificate. You should also provide as much detail as possible regarding the information you wish to access including where and by whom information is believed to be held, specific details of information required, the relevant time period and any unique reference numbers.

The Council does have a form which you may prefer to complete to assist us in managing your request. 

Subject access request form [40kb]

You can send the completed form along with proof of your identity to:

Records Manager

East Renfrewshire Council

Council Headquarters

Eastwood Park

Giffnock, G46 6UG

Or by email to subjectaccess@eastrenfrewshire.gov.uk

What happens next?

We will respond to your request within one calendar month. If your request is complex or you make more than one request then we may extend the time period but will always inform you of this.

Can I see all the Information about me?

Usually you will be given a copy of all the information that we hold about you. However information may be withheld such as:

  • information about another member of your family, unless explicit permission has been given by that person
  • information which has been given about you by a third party unless explicit permission has been given by that person
  • information which may prevent the detection of a crime or prosecution of an individual, or which may affect a legal matter such as care proceedings
  • information which it is believed would cause you or another person serious physical, mental or emotional harm if shared or disclosed.

Asking for information on someone's behalf

You can ask a third party representative to act on your behalf when making a subject access request, such as a solicitor, financial advisor, carer or family member. The Council must be satisfied that you have consented to this and will ask your representative to demonstrate this by providing a mandate.

Parental or Guardian Rights 

In cases where individuals are incapable of understanding or exercising  their rights, for instances because they are too young, then subject access requests may be made by parents or pother persona who are legally able to act on their behalf.

What if I want to change or amend information that is held about me?

If you believe that the information that we hold about you in our records is incorrect you can request that it is removed or corrected. We will consider your request and may ask for further details or evidence to support it.  If we are satisfied that the information is inaccurate we will make sure it is either erased or amended.

Further information about why we may process your personal data can be found within our Privacy Policy.

What do I do if I have a complaint about how my personal data is being used by the Council?

If you are unhappy with the way we have dealt with your personal information, you can make a complaint to the Council's Data Protection Officer, Rose Johnston in writing to:

Data Protection Officer

East Renfrewshire Council

Council Headquarters

Eastwood Park

Giffnock, G46 6UG

or by email to our Data Protection Officer: at dpo@eastrenfrewshire.gov.uk

If you remain dissatisfied after contacting our Data Protection Officer you have the right to make a complaint to the UK Information Commissioner. Further information about how to do this and further information about your data protection rights can be found on their website here


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