Both Adult and Community Services
and Children and Young People's Services deliver a wide range
of services to the public. In doing so we need to collect
information and keep detailed records.
Our policy is one of openness and transparency and so we are
pleased to be able to make arrangements for customers to see what
is recorded about them on our files.
If there is personal information recorded about you, you have
rights of access to this information and can check that what is
written about you is factually correct.
The legislation which describes your rights in relation to both
manually recorded and computer-held information is the Data
Protection Act 1998 - the main act which covers information about
living persons.
What information is kept?
When you seek help or advice from us you are asked for information
about yourself and your circumstances, such as your date of birth
and address. We record and keep this information.
We may also keep on file information from other professionals (e.g.
doctor, health visitor) as well as assessments by our staff.
Where is information kept?
Information is kept by various means, e.g. log books, in paper
files, in electronic (computer) files. These records will usually
be kept locally, e.g. at an office or at the day centre or
residential unit which you attend.
If you had contact with the service in the past, your file may be
stored centrally or may even have been destroyed. There is a
records retention policy which governs how long records are
kept.
The Data Protection Act states that records must not be kept for
longer than is necessary.
What information can I see?
You have a right to see personal information about you wherever
and however it is stored. Some information may be on a paper or
computer file under your own name.
You do not have to be a direct service user to ask to see
information stored about you. You may be someone with parental
responsibility or a carer.
Is there any information that I cannot see?
We must look at every request in the light of the Data
Protection Act. We will always try to show you as much information
as possible but there may be occasions when you are not able to see
everything which is recorded on the files. You have no right, for
example, to see information which is personal to another
individual.
If we have information about you but cannot disclose it, then we
will say so and explain the reasons why.
What if the information about me is held on someone else’s
file?
It may be possible for you to see this information, but you will
not normally be able to see anything about the other person on
whose file your information is held unless that person agrees.
Can other people see information about me?
Other people, even members of your family, will not normally be
shown what is recorded about you without your permission. We will
only let other professionals see the files where this is necessary
to provide you with the services you need.
What do I do if I want to see information about me?
- To request access to the information we hold about you,
please download the
Suffolk County Council Data Protection Subject Access
Pack (PDF, 236Kb) and return it to us.
-
Charges
As permitted by the Act, please note that the council makes a
charge of £10.00 per request. This can either be sent with a
request (cheques payable to "Suffolk County Council") or sent
separately to the address shown above should you submit the request
electronically
Please note that your request cannot be processed until payment
has been received.
If you would like assistance or guidance then our staff are
readily available and pleased to help, please contact the
Information Compliance Helpdesk as detailed above.
Once you have submitted the form, you will receive an
acknowledgement (within five working days) that your request has
been received and we will also give you further information about
how your request will be handled.
It should be noted that staff are also required to have regard to
the Code of Practice for the Mental Capacity Act 2005 which, in
some instances, might impact upon a request. If it does, then staff
will advise and help you. If you would like to see more
information about the Act then please view the
Mental Capacity Act Web page.
What happens next?
We will make every effort to provide you with the information
you want:
- we will arrange for you to see what is recorded about you;
- you can being a friend/support person with you if you come to
see your records;
- a member of staff will help explain anything which you do not
understand;
- we will provide a interpreter or translator if needed;
- you can have a free photocopy of any information you are
shown.
If you are unable to visit, or prefer not to, then we will talk
to you about making arrangements to get copies of your records to
you or discuss any other means by which you may want to see your
information.
How long will it take?
By law, we must give you access to your information within 40
days of receiving a valid request from you. A valid request is one
which is written and contains all the information needed to find
any records we hold.
There might be a delay if we cannot find some records and need more
information from you to help, or if we have to wait for permission
from other people mentioned in your files before being able to
release information. If this does happen then we will ensure you
are kept informed of progress.
What should I do if I think the information is wrong?
If you can show that facts recorded about you are wrong or that
assessments made were based on inaccurate facts then we may correct
or delete them.
If you disagree with what is written then your views can be added
to the records.
You would need to let us know in writing what you wish to change,
what you think needs to be done to change it and where it is in the
record.
You will receive a copy of any changes made.
What do I do if I am not satisfied?
In, what we hope, is the unlikely event that you are not happy
with the way in which your request is handled
by then please contact the manager at your local social
care office or the Council’s Information Compliance Helpdesk
(details above). We will do all we can to deal with your
concerns.
Alternatively, you can make a formal complaint to
Customer Rights.
If you wish to receive independent advice or support, you should
contact the Information Commissioner. The Commissioner can inform
you about your rights under the Data Protection Act:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire, SK9 5AF
Helpline: 08456 306060 or 01625 545745 (Monday - Friday 9.00am -
5.00pm)
Web Site:
www.ico.gov.uk