Key Data Subject Rights

Data Subject Access Requests

Your right to access your information

You are entitled to request access to any and all information that we hold about you, this is called a Data Subject Access Request (DSAR). To help you in this process we have prepared a form that you can download and complete. Please note that you will be required to provide proof of identity.  We must respond to you within one calendar month (however if we feel the request is complex we may ask for an extension of this period). 

If any of the information we respond to you with is incorrect, you must inform us, in writing, what information is incorrect and ask that it be corrected. If we do not agree that the information is incorrect you may ask us to record your disagreement.  There is no charge for a Data Subject Access Request; however a charge may be incurred if the request is deemed to be manifestly unfounded or excessive, particularly if it is repetitive.  In certain circumstances, it may be the case that your request is denied, if this is the case, we will write to you and inform you. 

CCTV – Individuals have a right to see CCTV images if they are the subject of the recording, a Data Subject Access Request purely for CCTV data would result in your image only and nothing else.  A Data Subject Access Request does NOT allow you to receive other subject’s personal data, i.e. images of other people or vehicles, and so should not be used for this purpose.  If you, or your vehicle have been involved in an incident, the CCTV footage will need to be requested directly from the Police or your Insurance Company. Please see the HDC CCTV pages for further information.

A DSAR does not:

  • Give you an unqualified right of general access to all information held by the Council. You may be able to access that information under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004 etc.
  • Necessarily give you a right of access to ALL inforrmation about you. This depends on what is being process and in what context. This is reviewed on a case by case basis.
  • Allow access to personal data which is exempt from the need to be disclosed.

The exemptions are set out in Schedules 2 and 3 of the Data Protection Act 2018 and they are as follows:

  • Crime and taxation: general
  • Crime and taxation: risk assessment
  • Legal professional privilege
  • Functions designed to protect the public
  • Regulatory functions relating to legal services, the health service and children’s services
  • Other regulatory functions
  • Judicial appointments, independence and proceedings
  • Journalism, academia, art and literature
  • Research and statistics
  • Archiving in the public interest
  • Health, education and social work data
  • Child abuse data
  • Management information
  • Negotiations with the requester
  • Confidential references
  • Exam scripts and exam marks
  • Other exemptions

Requesting a child's information

Children have the right to ask for their own information.

If the child is too young to understand (which usually means they're under 12) and you have parental responsibility, you can apply for your child’s data. You will need to show evidence that you have parental responsibility - your child’s birth certificate, for example.

You must be asking for the information because it will help or support your child. Sometimes we may decide not to give information to a parent, or we may ask a child to make the request themselves. This would be explained as your request is processed.