Rights to information under the Data Protection Act (DPA) 2018 and the General Data Protection Regulations (GDPR) 2018
The DPA 2018 and the GDPR gives you various rights regarding data about yourself. These include the Right of Access, the Right of Rectification, the Right of Erasure, the Right to Restrict Processing, the Right to Data Portability, the Right to Object, Rights related to Automated Decision Making including profiling (all these rights are referred to as Subject Access Requests) and the Right to be Informed. To use these rights, you can contact us via our Get in Touch form, please select I want to “Make a Data Protection Request”.
Alternatively you can contact us directly at DP@hantsfire.gov.ukor by post to the address below:
Data Protection Team
Hampshire Fire and Rescue Service
You can also call us on 02380 626850 and ask for the Data Protection Team.
You may, if you so wish, appoint someone (an agent) to apply on your behalf e.g. your parent or a solicitor. You must notify us in writing if you have elected the appointment of an agent to act on your behalf.
To help us action your request please provide as much detail as possible about what you want to happen and any other information you have. Please be aware that if HFRS do not receive sufficient information it will not be possible to process your request. We will ask you for more information should this occur and the timescales relating to your request will be extended.
To ensure confidentiality HFRS will ask you for:
- evidence to confirm your identity (e.g. a driving license, or birth certificate)
- sufficient information to understand your request and to what information it relates
Once HFRS have received the information above you will receive a letter of acknowledgement and an indication of when HFRS will respond to your request; which will be within a month. This time may be extended where your request is complex or one of multiple requests from you; in that event HFRS will contact you to let you know the reason for the time extension and provide you a new date for completion.
Please be aware that to process your request HFRS will have to share your request internally, and occasionally with third parties, to fulfil your legitimate interest of having your rights actioned.
Your rights are briefly explained below:
The Right of Access
You have the right to ask if HFRS are using your personal information and/or why, and/or for a copy of this information. You are only entitled to information about yourself except where you are acting as an appointed agent by the data subject.
The Right of Rectification
You have the right to request any inaccurate information to be corrected and/or updated. To update or correct your information HFRS will need the new information and proof that the change requested represents the facts e.g. changing your maiden name to your marital name would require you to evidence a marriage certificate.
If the correction you request cannot be factually verified HFRS will not action the change.
The Right to Erasure
You have the right to request deletion of personal information HFRS holds about you.
Below are some examples of when you may wish to make this request:
- the information is no longer necessary for the purpose HFRS initially collected or processed it for;
- HFRS are relying on consent as the lawful basis for holding the data, and you withdraw your consent;
- HFRS are processing the personal data for direct marketing purposes and you object;
- HFRS have processed the personal data unlawfully.
The Right to Restrict Processing
You have the right to request that your information is not used in certain ways. A circumstance in which you may wish to make this request could be that HFRS no longer need the personal data but you need us to retain it so you can establish, exercise or defend a legal claim.
The Right to Data Portability
You have a right to request your information in a specific format so that it can be easily processed by another organisation. To do this HFRS will need to know what information you want to transfer, to whom HFRS are transferring it (with appropriate contact details) and in what format.
If HFRS are unable to provide the information in the format you request HFRS will write to inform you and ask for your alternative preferences.
The Right to Object
You have the right to request that HFRS stop processing your information. To do this you must provide reasoning as to why you are exercising this right.
Rights related to Automated Decision Making including profiling
Automated Decision-Making means decisions are made about you without any human interaction. You have the right to request that the decision is reviewed by a HFRS employee.
The Right to be Informed
You have a right to be told when and why HFRS processes and/or collects your information. Please see our privacy statement (insert link) for more details.
Ordinarily there will not be a charge to you for exercising these rights however, where a request is excessive or manifestly unfounded, HFRS reserves the right to charge a fee. If a fee is necessary, HFRS will inform you of the fee and how to pay it; this fee will be based on the reasonable administrative costs of complying with your request. Where HFRS have requested a fee be paid your request will not be processed until funds are received.
For more information about your rights please see the Information Commissioner’s Office website https://ico.org.uk/your-data-matters/