Frequently Asked Questions - Data Protection
What information can I have?
There are some instances where we may not be able to release all of the information we hold about you. For example, if we have received legal advice about your case, under Common Law this is covered by legal professional privilege and remains confidential. We will not release information that is part of a current investigation or contract negotiation with the Council.
Any information about other people, including other members of your family, will be blacked out.
How do I make a Subject Access Request?
To request your personal information, you will need to provide proof of identity (e.g. copy of passport, driving licence, birth certificate or a utility bill) and the following information:
- Your name (and any previous names)
- Your current address (and any previous addresses from where you have had dealings with us)
- Details of the information you require, including details of the Council departments you have dealt with and dates so we can trace the information you require
The information will be provided in no more than 40 calendar days.
Access to Records by another person
You can authorise someone else to make the Subject Access Request for you, such as a relative, advocate or solicitor. We need to have proof of your consent for that action before we can process the request. If the person does not have capacity to make the application themselves, we need to see the registered Power of Attorney that allows you to act for them and proof of your identity also.
If the Service User is dead, can the surviving family members see the record?
Rights under the Data Protection Act apply only to living persons. However there may be concerns that the family have about services to their relative. Please remember that there are still issues of confidentiality surrounding access to information about a person who has died, particularly in social care. The person may have consented or clearly refused consent to disclosure of the information while they were alive. The executor of the deceased person's estate or their next of kin will inherit their right to confidentiality. However access to their information may be given at the discretion of the Council. Therefore we may need to refer cases to Legal Services.
Why do I have to pay?
A standard £10 fee is charged for each Subject Access Request. This fee is set by the legislation to cover the cost of copying and supplying your information.
Birmingham City Council does not currently charge for Subject Access Requests.
We will treat any personal information by which you can be identified (i.e. name, address, email etc) in accordance with the provisions of the Data Protection Act of 1998.
If you have an enquiry or concern regarding the processing of personal data by Birmingham City Council, please contact the Corporate Information Management Team.
Corporate Information Management Team
Address: Corporate Information Management Team, Performance & Information Division, PO Box 16266, Birmingham, B2 2YY
Telephone: 0121 303 4876
The Information Commissioner’s Office
The Information Commissioner
Telephone: 01625 545745
Web Address: www.ico.gov.uk