The Data Protection Act
Basildon Borough Council needs personal information about its citizens and all other people who do business with the Council. We only collect and use this information in ways that the law allows. The Act puts an extra duty on us to make sure we use personal information fairly and correctly.
What information do we have about you?
The law says we can sometimes share information about you with other organisations, such as The Benefits Agency, Inland Revenue, etc.
This can be because:
To find out more about how Basildon Council uses your personal data, see our Data Privacy Notice - GDPR.
Individuals have the right to access their personal data and supplementary information. A Subject Access Request enables individuals to be aware of the data that Basildon Council holds about them and to verify the lawfulness of how that data is processed.
Under the General Data Protection Regulations (GDPR), individuals will have the right to obtain:
The purpose of the Right of Access under GDPR is to allow individuals to access their personal data so that they are aware of it and can verify the lawfulness of the processing. This means that you can ask for copies of all information that the Council holds on you - for example: file notes, copies of application forms you may have completed, notes of interviews you may have attended, records of telephone calls, details of payments you have made, and so on.
The information must be provided free of charge. However, the council can charge a 'reasonable fee' when a request is manifestly unfounded or excessive, particularly if it is repetitive. The Council can also refuse to supply information in specific circumstances. If this is the case the Council will tell you what we cannot release and the reasons why and who you can appeal to if you believe that the decision to withhold the information is wrong.
Basildon Council may also charge a reasonable fee to comply with requests for further copies of the same information. (This does not mean that it can charge for all subsequent access requests.) The fee will be based on the administrative cost of providing the information.
Information must be provided without delay and at the latest within one month of receipt. The Council will be able to extend the period of compliance by a further two months where requests are complex or numerous. If this is the case, the Council will inform you within one month of the receipt of the request and explain why the extension is necessary.
Basildon Council will have to verify the identity of the person making the request, using 'reasonable means'. This means that the Council will ask you for a copy of your passport, driving licence, utility bill etc. If the request is made electronically, you will be provided with the information in a commonly used electronic format. If you do not have an email address, the information will be sent as a paper copy.
To submit a Subject Access Request Form download, complete and return the following form, along with confirmation of your identity:
Subject Access Request Form [367.76KB] - Adobe Acrobat format. Print application form then complete by hand and return by post.You can return your completed form:
On receipt of your completed form and confirmation of your identity, we will send you a letter of acknowledgement. You can expect a further response to your Subject Access Request within one month of the date of submission.
When submitting a Subject Access Request Form the applicant must enclose confirmation of their identity.
Applicants are asked to supply two documents that will provide confirmation of their identity, one from each of the following lists:
For valuable documents such as passports or driving licences, you may prefer to send us certified copies rather than the original documents. However, if you do send us the original documents rather than certified copies, we recommend you use recorded delivery.
If you are unable to send us any documents from the lists above, we will consider other documents showing your name and current address provided they are from a recognised company or organisation and have been issued within the last 12 months.
If you think we have used your personal data to send you promotional literature or advertising that you do not wish to receive, please write to the Council requesting us not to use your details for direct marketing, see contact details bottom of this page.
If you think that the use of the personal data, or some parts of it could cause you unwarranted damage or distress, please write stating your reasons for stopping the processing, see contact details bottom of this page.
If you feel that any of the any personal information we hold about you is inaccurate or incorrect, please let us know by writing to us, see contact details bottom of this page.
For further information and advice on what rights you have, please visit:
When communicating with the Council on a data protection matter, please contact the Data Protection Officer at the address given above or by e-mail to the Data Protection Officer.
More information is available from:
or from their website, see Information Commissioner's Office (ICO)
Remember that this is a general guide and is not a full and authoritative statement of the law. The Council has made every effort to ensure that the information is correct, but changes in the law may make the guidance become gradually less accurate.
