Data Protection and Your Rights
Data Protection and Your Rights
You have rights under the UK GDPR2020 and the DPA2018 regarding the personal data MDDC, as the Data Controller, processes about you.
In this section, you can learn more about how to exercise your rights in regards to:
Right to access (Subject access request).
Right to erasure.
Right to rectification.
Right to restriction of processing.
Right to portability.
Right to object.
How to exercise your rights.
Right to access.
Right to Access
To make a subject access request, please visit our subject access request page.
Right to erasure
This allows you to request that MDDC delete our records or some of our records in so far as they identify you. It does not apply in all circumstances.
When does this apply?
If you provided the information with your consent.
If the data is no longer necessary and the retention period has expired.
If the data is being unlawfully processed, (MDDC have processed data for a purpose we were not entitled to).
If you successfully object to the data processing under the Right to object.
If MDDC are obliged to erase the data to comply with a legal obligation.
If MDDC have made the data available on-line or to others, MDDC will need to erase that data or ask the other party to do so.
When does this not apply?
If MDDC need the information to provide a service MDDC are authorised to provide by law, for a legal obligation or MDDC believe the data to be necessary for a task in the overriding public interest.
If the data is required for a contract to which you are party
If records are required to protect public health
If MDDC require the data to establish, exercise or defend a legal claim
If records are required for archiving in the public interest or for scientific or historical interest.
Right to rectification
This concerns correcting your personal data that is held.
When does this apply?
If you believe the data held is not accurate, you can request that it is corrected without undue delay. Similarly, if data is incomplete you can ask that it is completed.
When does this not apply?
MDDC are obliged to correct incorrect data and incomplete data without undue delay, however, if MDDC need to make further checks or dispute that the data MDDC hold is incorrect MDDC may restrict access to the data pending a decision.
Rectification can be achieved by adding to the record or creating a supplementary record. Even if MDDC decide that the information is correct, MDDC will place a statement from you on the record with the data you believe to be correct or stating your dispute.
If MDDC have made the data available on-line or to others, MDDC will need to correct that data or ask the other party to do so.
Right to restriction of processing
You can ask that access to your records is limited in certain circumstances.
When does this apply?
If you are contesting the accuracy of the data on record and MDDC are seeking to verify it.
If the processing of your data is unlawful, but you want the record preserved. This could be because you are pursuing a complaint. It could also be because you need the data to establish a legal claim, to exercise and/or defend a legal claim.
This could be while you are making an objection to MDDC processing your data under a lawful authority. This also applies to objections to processing under legitimate interest. In these circumstances, MDDC may only process the data with your consent or to establish exercise or defend a legal claim or to protect the rights of another person or important public interest.
If MDDC have made the data available on-line or to others, MDDC will need to restrict that data or ask the other party to do so.
While there is a request for restriction of processing, MDDC must inform you before lifting that restriction.
Right to portability
This allows you to be provided with a copy of your data in an accessible electronic format. This does not apply to all data.
When does this apply?
If you gave MDDC the data with your consent
If the data was provided as required for a contract between you and MDDC.
If the processing is electronic
When does this not apply?
It does not apply to data collected in any other circumstances
The data MDDC provide to you can also include data directly observed from the information you provided to us.
At your request, we can pass this data to another data controller (e.g. if you move to another authority you may wish to transfer details, but as this does not apply to data MDDC process for a task carried out in the public interest so many of the Council’s services will not be able to comply with such a request).
Right to Object
You have the right to object to MDDC processing your personal information. This is not an absolute right and only applies in certain limited circumstances.
You have the right to object to the processing of your personal information where MDDC is relying upon one of the following reasons as a lawful basis for processing your personal information.
Public task
Legitimate interests