Access to Personal Information

• How can I find out what information the Council holds about me?
• Is there a charge?
• What must my request include?
• How long will it take to get access to my information?
• Can I arrange for someone else to request access to the information on my behalf?
• Can I see all the information that's held about me?
• Our promise on providing information
• What if I'm not satisfied with the Council's response?
• Complaining to the Information Commissioner

How can I find out what information the Council holds about me?

The Data Protection Act allows you to find out what information is held on computer and in some paper records about you. This is called the 'right of subject access' and includes facts and opinions expressed about you.

You can make a subject access request by completing the online form, printing out the pdf form 115.79 KB or by writing to us at:

The Borough Solicitor, Tameside Metropolitan Borough Council, Council Offices, Wellington Road, Ashton-under-Lyne, Tameside OL6 6DL

Or by handing it in to any of the Council's offices, libraries and Customer Services Centres

For further advice and assistance please contact the Borough Solicitor using the details given at the bottom of the page.

Is there a charge?

The Council is entitled to charge £10 for access to most personal information ( different fees apply to health and educational records) and this fee must accompany your request. If your request involves information held in unstructured manual records, costs will be calculated in accordance with the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004.

What must my request include?

Your request should include your present address and 2 forms of documentary evidence proving who you are, such as your current council tax or a utility bill, your birth certificate, passport or driving licence, or at least two other similar items including your name, address and/or photograph.

You should also provide as much detail regarding the information you wish to access. This will avoid delay in having to come back to you for additional details to locate the information you want.

We will also require payment of the £10 charge before we start to search for your information.

How long will it take to get access to my information?

We will meet your request promptly and no later than 40 calendar days after receiving your request, the fee, proof of your identity and sufficient information from you to help locate the information you require.

Can I arrange for someone else to request access to the information on my behalf?

Yes. For instance, you can ask a friend, relative or solicitor. This person must supply written authority from you to confirm that they are acting on your behalf.

Can I see all the information that's held about me?

Yes, usually you can. However, there are some exceptions. For example, if providing you with information would be likely to compromise:

• national security
• recovery of taxes
• the prevention and detection of crime and the apprehension or prosecution of offenders
• the discharge of a regulatory activity, such as protecting members of the public against dishonesty, malpractice or seriously improper conduct of professional persons, or for securing the health, safety and welfare of persons at work

In some cases your right to see certain education, health and social work details may also be limited by law.

There are also certain circumstances in which other data controllers are not obliged to observe all your rights.

Our promise on providing information

We will:

• Explain your information rights under the Data Protection Act and the Freedom of Information Act and other legislation;
• Provide you with advice and assistance and help you put your request in writing;
• Advise you of other agencies who may be able to help you;
• Contact you for further clarification/information if your request is not clear or if we cannot identify or locate the information you are seeking;
• Advise you if some or all of the information you seek is held by another public body and, where we can, provide you with their contact details;
• Try to provide the information in the way that best suits you;
• Explain our reasons if we decide not to meet the terms of your request and the appeal and complaint process available to you;

Tell you whether or not we hold the information unless doing this would in itself release exempt information.

What if I'm not satisfied with the Council's response?

You may complain using the Council's complaints procedure:

Complaints (Freepost) Tameside MBC Council Offices Wellington Road Ashton under Lyne OL6 6DL
0161 342 8355

Complaining to the Information Commissioner

You may also complain at any time to the Independent Information Commissioner about the information Tameside Metropolitan Borough Council or any other organisation is processing about you. If you contact the Information Commissioner first, it is likely your complaint will be passed to the Council to give us an opportunity to respond. The Information Commissioner cannot award any compensation to you where there has been a breach of the DPA.

He can, however, provide you with further information to enable you to enforce your rights or he can consider your complaint and make an assessment.

In some cases where the Information Commissioner believes the DPA has not been complied with he will issue an enforcement notice to the data controller. Failure to comply with that notice is a criminal offence.

The Information Commissioner will not take enforcement action in every case. The Information Commissioner may be contacted at:

Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF
08456 30 60 60 01625 524510 | Information Line: 01625 545745 www.ico.gov.uk data@protection.gov.uk

Contact Information
Send us a Message	Borough Solicitor Tameside MBC Council Offices Wellington Road Ashton under Lyne Lancs OL6 6DL View local map
0161 342 3028
0161 342 2747