Your information rights
The right to be informed
When we ask for your personal information we will let you know:
- Why we are collecting it, how your information will be used and the lawful reason for doing this.
- Who it will be shared with and if information is shared or used outside the EU area.
- How long it might be kept for.
- What your rights are and how to use them.
- How to complain if you think your personal information has been used wrongly or not in a fair way.
The right to access your personal information
You can ask to see the information that we have about you.
We usually share information we have about you with you whenever we look at your needs or provide you with a service. You also have the right to ask for the information we have about you and our services which you use. When you ask for this information, we must try to let you see your personal information that you have asked for, if we have it. There might be some times when we cannot let you see this information, but if this is the case we will always tell you why.
You can ask us to change your personal information you think is inaccurate (Rectification)
You should tell us if you think some information we have about you is wrong, or if you think something has been left out. We may not always be able to change or remove that information, but we will correct facts that are wrong and may include what you have said to show that you disagree with it.
You can ask us to delete your personal information (right to be forgotten or erasure)
Sometimes, you can ask for your personal information to be deleted, such as:
- When we no longer need your personal information for the reason we had it in the first place
- When we have it because you told us we are allowed to hold your personal data, you have now told us we cannot hold the information and we have no other legal reason to hold the information.
- When there is no legal reason for us to use your information
- When we have to delete the information by law
If we delete your personal data and your personal information has been shared with other groups, we will do what we can to make sure those groups also delete your data.
We cannot delete your information where:
- we must have it by law
- it is used for freedom of speech
- it is used for public health reasons
- it is for research about science or history, or it is used for statistics and deleting your personal data would mean that the information could not be used
- it is needed for legal claims
You can ask to limit what we use your personal data for (Restriction)
You have the right to ask us to stop using your personal information in certain ways. You can ask us to do this when:
- you think that some of the information we have about you is wrong
- we are only using your information in that way because you said we can and you want us to stop but don’t want us to delete your personal information. This is called ‘restricting’ our use.
When information is restricted we cannot use it other than to look after the data and, if you say we can, to help us deal with legal claims and protect others. We can also use it is important and in the public interest.
We will try do what you ask us to do if we can, but we may need to hold or use information so we follow the law.
The right to disagree to our use of your personal information (Object)
This right depends on the lawful basis under which your personal information is being collected and used and therefore not always available, it does, however, require the Council to stop using your personal information. Contact the Data Protection Officer (01926 456114 or email DPO@warwickdc.gov.uk) for further information.
You can ask to have your personal information moved to another provider (Data Portability)
You have the right to ask for your personal information to be given back to you or another group you choose that provides a service of your choice. We have to give your information to the other group in a way that lots of groups use, like a particular type of computer file. This is called ‘data portability’.
However, you can only use this right if we’re only using your personal information because you have said that we can and if this can be done by a computer, not a human.
It is likely that you will not be able to use this right for most of your personal information that we have about you.
Automated decision-making and profiling rights
When a decision is made about you by a computer and not a human, you can ask to have that decision explained to you. You can also find out information about if and how the computer may have used profiling to help it make its choices.
Profiling is where decisions are made about you based on certain things in your personal information, like your health. You have a right to disagree with this and we will look into it for you.
If we use profiling of your personal information, you will be told.
You have the right to tell us you disagree with the choices made by a computer and we will look into it for you. We cannot do this for you if the computer’s decision is needed for any contract you have signed, if we have to do it by law, or you have said we can use the computer to make the choice for us.