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Data Protection Act 1998 and Data Subject Access

Pembrokeshire County Council needs to collect and use certain types of information about people with whom it deals. In addition, it may occasionally be required by law to collect and use information to comply with the requirements of government departments and the Welsh Assembly Government.

The Act only applies to personal data which identifies living persons. The Act also provides for the regulation of the processing of such personal information including the obtaining, holding, use of or disclosure of such information. 

Pembrokeshire County Council is subject to those provisions and has to abide by the eight principles of the Data Protection Act which are: 

Personal data shall be:- 

  1. Processed fairly and lawfully. 
  2. Processed only for specified, lawful and compatible purposes. 
  3. Adequate, relevant and not excessive. 
  4. Accurate and where necessary, kept up to date. 
  5. Kept for no longer than necessary. 
  6. Processed in accordance with the rights of the data subject. 
  7. Kept secure. 
  8. Not be transferred outside the European Economic area unless there is an adequate level protection in relation to the processing of personal data. 

The Act gives certain rights to people whose data is held by the Authority which includes:-

  1. The right of subject access
  2. Right to prevent processing likely to cause unwarranted, substantial damage or distress.
  3. Right to prevent processing for the purpose of direct marketing
  4. Right in relation to automated decision making
  5. Right to take action for compensation if the individual suffers damage
  6. Right to take action to rectify, block, erase or destroy inaccurate data
  7. Right to make a request for the Information Commissioner for an assessment to see if any provision of the Act has been contravened 

The fundamental right is the right of subject access. This allows people to find out what is being held about them. The personal data held may take the form of computerised records, emails, CCTV, photographs or paper records. 

Individuals who wish to make a subject access request are asked to complete the attached form, providing as much information as possible to identify the data that they require.  

Subject Access Request Form 

Pembrokeshire County Council have 40 days from receipt of the form to comply with the request, provided that the fee of £10.00 is received and we are satisfied as to the identity of the person making the request and have sufficient information to locate the information requested. 

It will be necessary for us to have a copy of a document confirming your date of birth and identity (birth certificate) and a copy of one of the following to confirm your address: 

  • Bank Statement 
  • Solicitor's Letter 
  • Passport 
  • Driver's licence 
  • Utility bill for the last quarter 

In some cases there might be some restrictions under the Act on an individual's right to see all personal data held about them. .Another one of the main restrictions concerns third party data - or data that does not apply to the individual making the request. In this instance, the information provided will exclude any content which identifies a third party, unless the third party agrees to its release. If any restrictions apply to you, you will be informed of this.

More information about the Data Protection Act 1998 and further guidance can be found on the Information Commissioner's website

If you would like to make a request, please complete the form and send it with your payment to: 

Access to Records Team  
Pembrokeshire County Council 
County Hall 
Haverfordwest  
SA61 1TP 

Email: accesstorecords@pembrokeshire.gov.uk

Telephone (for any advice or enquiries): 01437 775798

Freedom of Information Act 2000

You have a general right to access information which we hold that does not relate to you as an individual, and which we do not routinely publish by making a request under the Freedom of Information Act 2000.   

A-Z of Council Documents

ID: 25473 Revised: 14/3/2017