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Privacy and Data Protection

The Data Protection Act 1998 was introduced to protect personal data and gives you rights to information held about you on computer or in a relevant filing system. These rights are known as 'subject access rights'.  The Act calls us (The Council) the data controller.

 

The Act provides you with certain rights, which the council must respect. You can:

 

  • Ask the council if it holds personal information about you
  • Ask what it uses the information for
  • Be given a copy of the information
  • Be given details about the purposes for which the council uses the information and of other organisations or persons to whom it is disclosed
  • Ask for incorrect data to be corrected
  • Claim compensation for damage or distress should these be caused by the council's failure to comply with certain requirements of the Act

 

You also have the right to ask the council not to use personal information about you:

 

  • For direct marketing;
  • For any purpose which is likely to cause damage or distress to you; or
  • To make decisions about you based on the automatic processing of the data.

Notification is a statutory requirement and every organisation that processes personal information must notify the Information Commissioner's Office (ICO), unless they are exempt. Failure to notify is a criminal offence.

 

The principal purpose of having notification and the public register is transparency and openness. It is a basic principle of data protection that the public should know (or should be able to find out) who is carrying out the processing of personal information, as well as other details about the processing (such as for what reason it is being carried out).

 

The council renews its registration annually.  The council's registration number is 'Z5623112' and it can be used to view the notification on the Information Commissioner's website via the Register of Data Controllers.

 

 

 

Why does the council operate CCTV?

 

A CCTV system has been installed at Cumbria County Council's new build (Cumbria House) for the following purpose: 

 

       assisting with the prevention and detection crime and disorder i.e. burglary, damage to property, assault

 

This purpose is reflected in the council's entry on the Information Commissioner's Register of Data Controllers.  The Register can be found at:https://ico.org.uk/about-the-ico/what-we-do/register-of-data-controllers/

 

Where does the council operate CCTV?

 

Cumbria County Council operates a CCTV system at Cumbria House, 117 Botchergate, Carlisle CA1 5RD.  The system covers the exterior of the building (including rear car park), entrance/exit points and reception area.  The CCTV System is programmed to block out windows - a privacy zone (a black block) will remain on the windows.  All cameras that overlook residential premises are also programmed with privacy zones. 

 

How do I make a request?

 

You have the right to request CCTV footage of yourself.   To do this you must submit a request in writing preferably using the council's online form.  This allows for the identification and handling of requests for CCTV footage. Contact details can be found in the 'Make a Request' section below or on signage displayed on the exterior of the building.

 

When submitting your request you should provide the following details to allow for accurate identification of relevant footage: 

 

       specific date(s)/time

       proof of your identity

       a description of yourself

       a description of the incident

 

What does the council have to provide?

 

The council must provide a copy of the footage that you can be seen in within 40 calendar days.  Images that identify other people will be blurred out or redacted.  Any redactions will be explained at the point of disclosure.  If your request is unclear or further detail is required the council will contact you as soon as possible.

 

How will the council respond? 

 

The council's preferred method of response is in writing.  A permanent copy of the images or footage will be provided to you by secure email or recorded delivery.  If this is not possible an appointment will be made for you to view the footage on council premises.  

 

Can the council refuse my request?

 

The council can refuse your request if sharing the footage will put a criminal investigation at risk.

 

Who can I contact for advice?

 

If you would like advice on CCTV or submitting a request please contact:

 

Information Governance Team
Cumbria County Council
Cumbria House
117 Botchergate
Carlisle
CA1 1RD

Email: information.governance@cumbria.gov.uk

Telephone: (01228) 221234

 

How do I apply?

 

Please use the council's online form to request access to personal data.

 

If you are experiencing difficulties with using the online form please use either of the following alternative formats:

 

Do I need to provide anything else?

 

Please remember to provide your name, address and telephone number and a full description of the information you require. If you can tell us who the information is held by, for example the department or team, it will help us to locate it more quickly. We will contact you if we need any further details or clarification. You will be asked to provide proof of your identity before any information is disclosed. This is to prevent the unauthorised disclosure of information about data subjects.

 

What does the council need to do?

 

All subject access requests must be responded to within 40 calendar days and must confirm the following data:

 

        a description of the personal data held

        why the data is held

        who else may have been given the data

        a copy of the data

        an explanation of any technical terms or abbreviations

        any information about the original source of information

 

If your request is unclear or ambiguous, the 40 calendar day period will be suspended and will not commence until we have received a clarified request.

 

Who is entitled to make a subject access request?

 

Any person, regardless of their age, can request information about themselves so long as it is supported with appropriate photo identification, e.g. passport, driving license, and they have the capacity to understand the information provided.

 

Can I obtain all the information is that held about me under the Data Protection Act?

 

Yes. But there are exemptions under the Data Protection Act that prevent certain records being released. The main exemptions are as follows:

 

        law enforcement - catching or prosecuting offenders,

        national security,

        assessing or collection of taxes/duties,

        adoption records and reports,

        examinations marks and examinations comments,

        personal data about someone,

        information that would identify someone who has supplied data in confidence about you.

 

In circumstances where data held on you relates to another person, the council will need to seek their permission before this information can be released.

 

Can a child make a Data Protection request?

 

Yes. The Act has no minimum age requirement for applicants. Children can apply for access to their own records provided they are capable of understanding the nature of the request and the information content disclosed.

 

Can I access personal data about other people under the Data Protection Act 1998?

 

You only have right of access to your own personal data. You do not have right of access to personal data about any other individual, e.g. your family, friends or neighbours, except in the following circumstances:

 

     You are a parent requesting information about a child under 16, but there is no automatic right to the data. If a child is old enough to give informed consent and understands the contents of the information, the council will be guided by their wishes. In most cases children aged 12 and above are regarded as having sufficient maturity to respond to such requests but each case will be judged on its own merits. In all cases disclosure would only occur if it is in the best interests of the child

     A solicitor is requesting information on behalf of a client - a signed authority form from the person concerned is required

     An agent or family person has written authorisation to act on behalf of a person

 

Can I arrange for someone to make a Data Protection request on my behalf?

 

A friend, relative or solicitor may request information on your behalf but they must have obtained written authorisation from you to do this.

Cumbria County Council will not disclose personal data in circumstances where either your identity or address is unclear.  The council will contact you to request further documentation if required. 

 

The council will accept ONE of the following as proof of your identity:

 

        Adoption Certificate [UK]

        EU National Identity Card

        HM Forces ID Card [UK]

        Passport [any nationality]

        Personnel Number

        Travel Documents [Home Office or certificate of naturalisation or registration or Home Office standard acknowledgement Letter (SAL)]

        UK Birth Certificate [full or short form acceptable]

        UK- Issued Driving Licence [either photo card or paper, a photo card is only valid if the individual presents it with the counterpart licence]

 

The council will accept ONE of the following as proof of your address:

 

        Bank/Building Society Statement*

        Benefit Statement e.g. child allowance*

        Council Tax Statement (UK)**

        Credit Card Statement*

        Financial Statement*

        Insurance Certificate**

        Store Card Statement*

        TV Licence**

        Utility Bill*

 

(* Documents should be less than three months old)

(** Issued within past 12 months)

 

Sending Your Documents

 

Documents should be posted double-enveloped by recorded delivery and the outer envelope addressed to:

 

Information Governance Team
Cumbria County Council
Cumbria House
117 Botchergate
Carlisle
CA1 1RD

 

The inner envelope should contain your documents and be marked Confidential - Information Governance Team.

 

Disclaimer

 

The Information Governance Team does not keep copies of your identity documentation. Evidence of identity, name, address or relationship will be noted and documentation returned by recorded delivery.  No responsibility is accepted by the council for loss or theft of your documentation if the process described above is not followed.

 

Civil Enforcement Officers (CEOs) employed by Cumbria County Council, who undertake the enforcement of parking restrictions, are each equipped with a Body Worn Video Device (BWVD)  which has both video and audio recording capability.

 

During their work the CEOs are vulnerable to verbal and physical abuse. The BWVDs can act as a deterrent to abusive and aggressive behaviour and prevent a situation escalating and the recording can also be used as evidence in cases where a CEO has been assaulted or abused. It can also be used to investigate complaints about a CEO.

 

The Council's Body Worn Video Device and Hand Held Unit Policy details the operational procedures for using the devices, data storage and requests for access to footage.

 

Individuals can request a copy of the footage under the Data Protection Act using the council's online form.   

Disclosure Log

Before you submit a request - look at requests already answered by Cumbria County Council

Request Information

Request information using the online request form

Contact us

Information Governance Team
Cumbria County Council
Cumbria House
117 Botchergate
Carlisle
CA1 1RD

Tel:  01228 221234

complaints@cumbria.gov.uk
information.governance@
cumbria.gov.uk

compliments@cumbria.gov.uk

Online Complaints Form