Subject Access Request - GDPR

The Data Protection Legislation 2018 applies to personal data held by an Organisation.  The Act allows people 12 years of age and over, to find out what personal information is held about them and why it is held by making a Subject Access Request (SAR).

Personal data is any information which is capable of identifying a living individual e.g. name and address, audio or video recording, CCTV image, email address, postcode, photograph etc.

A SAR can include both electronic information and paper records.

If you want to make a request for your own personal data, we need the following information to allow us to process your request:

• Your name & address – you can provide an email address, however you must be aware that we cannot confirm security once this leaves the Fife Council network.  We send all hard copy responses via Royal Mail recorded delivery service and these will require to be signed for on receipt.
• Description of the information you require – please provide us with as much detail as possible, so that you receive the information you require.  If you know the Service that holds the information you require, advise us of this and where possible, provide the dates you require the information for/between.

All information identified to fall into the scope of your request is required to be checked by the Information Management & Requests Team prior to releasing it. In some instances this can be extremely time consuming, therefore by providing as much information at the time the request is made may assist in speeding up our response to you.

Proof of ID – We do this in various ways:

• If you are currently in communication with a Local Authority Officer, such as a Social worker, or a teacher, then they can confirm your identity.  Either ask them to confirm you are the named person making the request by emailing information.requests@fife.gov.uk from their work email account, or advise us of their name when making your request.
• If you do not have current contact with a Local Authority Officer, once we receive your request we will provide an acknowledgement. This will advise you to take your proof of ID to a Customer service centre, school or Council building, so that a member of staff can confirm your ID.  Alternatively you can hand in your request by letter, bringing with you the relevant ID.
• The ID we require to view is a document with your photograph, such as passport, driving licence and another document showing your address, such as a utility bill, bank statement etc.
• We DO NOT require to retain a copy of these documents. Please do not send these documents to us via mail or email, as we require a Council Officer to confirm ID.

Once we receive your valid request and your proof of ID, we have 30 calendar days to provide the information to you.  Fife Council receives a large amount of these types of requests, but we will endeavour to provide a response to you as soon as possible after receipt of your valid request.  If your request is excessive, we may require that you provide further information to reduce the scope of your request.  If this is not possible to do, we may be required to extend your request to up to 90 calendar days. We may also be required to apply a cost.  If a cost is to be applied you will be advised of this prior to us working on your request, with advice on how to make the payment.

If you want to make a request on behalf of a third party, such as:

• A Solicitor on behalf of a client, we do not need ID, however we do require a consent mandate from your client. Please provide this along with your request.
• A parent – Scottish Law allows parents to request information relating to their child until the age of 12.  We may require proof of parental rights unless a Council Officer can confirm this.  If your child is 12 or over, we will require to be provided with consent from your child.  We do this by requesting a teacher discusses the matter with your child and assists them in completing the relevant mandate.

A parent can also ask for information under the Pupils Education Records (Scotland) Act. Information relating to this is given below.

• A family member – you can request information relating to a family member, such as an elderly parent as long as you have power of attorney for that individual, or the data subject is able to provide consent.

You can make a request by, online form, letter or email – send your request, with the information noted above to:

• Online form – see the form below.
• Letter – hand in to any Council Office, or post to Information Mgt & Request Team, Fife Council, Fife House, North Street, Glenrothes, Fife, KY7 5LT.
• Email –  information.requests@fife.gov.uk

If you have any queries relating to making a Subject Access Request, please contact the Information Management & Request Team by calling:

01592 583530, or email us at information.requests@fife.gov.uk, alternatively you can write to us at the address above.

Parents/Carers requesting Education Records for a child they have parental rights for can make this request in the same way that a subject access request is made.  If required, proof of parental rights will be requested during the process. Please see Education Records for more information.

For details of further see Subject Rights - Note for Public.

You can use the online form below to request access to information held about you:

Complaints/Internal Review

If you are not satisfied with the way in which the Council has handled your Subject Access Request, you may wish to request a review of the decision. A review will be carried out within 30 working days from receipt.  Please write to: Head of Legal Services, Finance & Corporate Services, Fife House, North Street, Glenrothes, KY7 5LT or e-mail to info.review@fife.gov.uk.

You are entitled to submit a request for review within three months of receiving the response to your Subject Access Request or from the date you submitted your request, whichever is the later date. The Council will consider whether to respond to requests for review outwith these timescales although it is not obliged to do so.

Further Information

The Information Commissioner promotes public access to official information and protects personal information. The ICO (Information Commissioner’s Office) is an independent body with specific responsibilities set out in the Data Protection Act 1998.

This link will take you to the ICO website (opens in a new browser tab or window): www.ico.org.uk

Where the outcome of the internal review fails to resolve the matter to your complete satisfaction you may wish to contact the Information Commissioner’s Office to raise your concern or complaint. The ICO can be contacted in writing at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or telephone: 0303 123 1113 or online: www.ico.org.uk/