Data Protection Act

Our Data Protection Policy

The Data Protection Act 1998 which replaced the 1984 Act received Royal assent on 16th July 1998 and came fully into force in 1999.

As with the 1984 Act, the Act gives legal rights to individuals (data subjects) in respect of personal data held about them. The Act gives effect in UK law to EC Directive 95/46/EC (the 'Directive).

The processing of personal data plays an essential role in the effective and efficient delivery of District of Easington’s services and functions. 

The Data Protection Act 1998 regulates the collection, holding processing and distribution of personal data, that is, information relating to individuals which is held either on computer or in manual filing systems.  It also gives legally enforceable rights to individuals (data subjects) and places obligations on those who record and use personal data (data controllers.)

Enquiries regarding the data we hold should be made to the relevant service manager or to the Personnel Unit.  A full copy of the Councils Data Protection Policy is enclosed in pdf format.

About this service

Purpose of the Act

The Data Protection Act 1998 is designed to cover the collecting, storing, processing and distribution of personal data. It gives rights to individuals about whom information is recorded.

This applies to all individuals whether they are an employee, elected member or a member of the public. Each individual has the right to access personal data, prevent processing likely to cause damage or distress and prevent processing for the purposes of direct marketing.

They also have rights in relation to automated decision taking, to take action for compensation if they suffer damage by any contravention of the Act by the data controller, to rectify, block, erase or destroy inaccurate data and to make a request to the Data Protection Commissioner for an assessment to be made of the data controller if they feel that the Act has been contravened.

The Act places obligations on those who record and use personal data (data controllers). They must be open about the use of such personal data through Notification

to the Information Commissioner and they must follow sound and proper practices by applying the Data Protection Principles. 

A copy of the Act can be viewed at Her Majesty's Stationery Office website.

The 8 Principles of Data Protection; Data Protection Act 1998.

1. personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless- 
   (a) at least one of the conditions in Schedule 2 is met, and
   (b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.
2. personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.
3. personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
4. personal data shall be accurate and, where necessary, kept up to date.
5. personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6. personal data shall be processed in accordance with the rights of data subjects under this Act.
7. appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
8. personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.                

Freedom of Information Act 2000

Enquiries on Freedom of Information should be made to should be made to the Customer Services team.  Formal requests should be made in writing as a ‘subject access request’ .

A link is provided to our Freedom of Information page under related links.

Independent information for the general public and employers on Data Protection, Freedom of Information.

What we must do

We must comply with:

• Data Protection Act 1998
• Freedom of Information Act 2000

What happens next?

Contact us initially for the data to be supplied

If applicable forward cheque for the charge amount agreed

We will acknowledge receipt within seven days

You will generally receive the information requested within 21 days

What are the charges for this service?

Basic charge - £10 (cheque made payable to District of Easington)

Some frequently asked questions

How much does the information cost to supply?

Cost will very much depend on the amount of information you require and the time involved in collating that information.