Data Protection Act

‌The Data Protection Act (DPA) 1998 is a law that tells us how we should handle your personal information. It also provides you with the right of access to recorded information we hold about you.

We recognise that your personal information is important to you and will make sure that it is handled properly and confidentially at all times. We ask that you keep us informed – by email, telephone or in writing – of any changes in your personal data so that we can keep our records up to date at all times.

How do I make a request to see my information?

If you were aged 21 before April 1997 it is likely that Derbyshire County Council will hold your records and you should make your request direct to them. You can contact them by writing to:

The Access to Information Officer
County Hall
Matlock
Derbyshire
DE4 3AG

If you were aged 21 after April 1997 your request must be in writing and must tell us which department you think holds personal information about you. You must also provide us with proof of your identity and a subject access request fee.

The subject access request fee is £10.00 per person. Make a cheque payable to Derby City Council. Please do not send us cash.

We must provide you with your information within 40 calendar days after you have given us proof of your identity and paid the required subject access request fee.

If your information contains references to anyone else we may need to get their consent before we can disclose it to you. Sometimes we will ‘redact’ some of the information to protect confidentiality. This involves us obscuring or removing personal text that identifies another person or persons prior to publication where they have not consented to us disclosing information about them but we will tell you if we do this.

To make it easier for you to make a request download and complete the Subject Access Request form.

The form – or letter if you prefer, your fee and proof of your identity should be sent to:

Information Governance - Data Protection
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS

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What proof of identify do I need to provide?

We accept any of the following two originals as proof of identity, at least one of which must be photographic identification:

  • Benefit entitlement letter to your current address
  • Birth certificate
  • Building society account book
  • Bus pass – issued by Derby City Council
  • Current driving licence photocard - (full or provisional)
  • Current driving licence (full or provisional) - paper version (if issued before 1998)
  • Identity card – civil service, armed forces, police
  • National health card
  • Any official letter from Revenues & Customs
  • Passport
  • Pension book
  • Rent book
  • Recent utility bill

We will only use them to progress with your request and any originals you send us will be sent back to you by first class post unless you tell us you want it sending back by recorded delivery.

If you have not provided proof of your identity with the request it will need to be provided within 3 weeks of receipt or we will close the request.

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Can I get access to information about my child or children?

Yes, if they are under 12 years old. You will need to give us proof of your relationship to your child or children and may also need to give us proof that you have parental responsibility. This can be a birth certificate or a letter from a solicitor or a court.

If your child or children is over 12 years old we may have to ask them for their consent before we can give you their personal data. We will tell you if we need to do this.

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Can I get access to someone else's personal information?

You can only get access to someone else's personal information if they have given us consent to do this.

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How do I get access to my adoption records?

If you were born and adopted before 12th November 1975 and you do not know your birth name, you need to apply to the General Register Office for access to your birth records and you will have to attend a meeting with an approved adoption advisor.

You can contact them on 0300 123 1837 and you need to ask for an 'access to adoption records' form. Or you can apply for an 'access to adoption records' form by post to:

Adoptions Section
Room C202
General Register Office
Trafalgar Road
Southport
PR8 2HH

The General Register Office will arrange for you to have a meeting with an approved adoption advisor which will usually be at your local adoption office

If you were born and adopted before 12th November 1975 and do know your birth name you should contact your local adoption support/post adoption team to apply for access to your birth/adoption records. You should always ask for support and counselling. You will need to provide proof of your identity and the local team will help you access your records.

If you were born and adopted after 12th November 1975 and before 30th December 2005 it is not compulsory to have a meeting with an approved adoption advisor although we advise that you do this. You still need to apply for your records through the General Register Office but they will send your records directly to you.

Once you have got a copy of your records you may decide you would like to try to locate a birth relative. We have a tracing pack to help you do this and can also offer advice on tracing. To ask for a pack telephone 01332 643839, email adoption.support@derby.gov.uk or send a letter to:

Derby City Post Adoption Team
Derby City Council
Council House
Corporation Street
Derby
DE1 2FS

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Sharing your personal information

Sometimes we have to share or confirm personal information with other organisations. If we need to do this we will make it clear to you on the forms you complete giving us your information. This is called a Privacy Notice.

We will only share information when it is fair and lawful to do so.

It may be shared with other departments in the Council and other public bodies for the purpose of preventing fraud, misuse of public funds and any legal or statutory requirements. 

We have an obligation to protect public funds from misuse and fraud so we are obliged to transfer some information to the Cabinet Office (the successor to the Audit Commission) as part of the National Fraud Initiative.

Personal data that we are obliged to transfer to the Cabinet Office includes, but is not limited to, the following:

  • Blue badge applications
  • Concessionary travel applications
  • Council tax payers
  • Electoral register
  • Housing and council tax benefits claimants
  • Housing tenants
  • Insurance claimants
  • Market traders
  • Payroll
  • Private residential care home residents
  • Residents parking permit applications
  • Personal alcohol licence applications
  • Right to buy sales
  • Taxi driver licences
  • Trade creditor history
  • Personal budgets 

The Cabinet Office may use our data to match against lots of records from other organisations including, but not limited to, the following:

  • Benefits agency deceased persons records
  • Disclosure of death registration – DDRI records
  • In-country immigration records
  • Pensions
  • Student loans
  • UK Visas

To see a copy of Privacy Notices we have issued, download  Data Protection - NFI Privacy Notices.

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How the Local Authority and Others Use Data from Schools

Schools process personal data about pupils and are 'data controllers' in respect of this for the purposes of the Data Protection Act 1998. They process this information to:

  • support pupils’ learning
  • monitor and report on their progress
  • provide appropriate pastoral care
  • ensure a duty of care with regard to safeguarding
  • assess the quality of their services and how well their school is doing

Privacy Notices are sent by schools to pupils and their parents/guardians. Further clarification about the processing of children’s personal data by the local authority and other organisations mentioned in the notices can be downloaded from How the Local Authority and Others Use Data from Schools.

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Useful forms

Downloads

Contact details

Email:
Post address:
Information Governance - Data Protection
Derby City Council
Council House
Corporation Street
Derby
DE1 2FS
Phone: 01332 640763
Minicom: 01332 640666
Data Protection Manager
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS