How we handle data protection requests

If you make a request for information (or make a request for your personal data) we'll provide advice to help you understand your rights under the Data Protection Act, we:

  • may contact you about your request to make sure we understand what information you want
  • will reply to your request within 40 calendar days of receiving the request and proof of identity
  • normally provide a copy of the information you require
  • may invite you to view information if there's a large volume

Answering data protection requests

A member of staff from the service area you've asked about will answer your request:

  • they may need to ask for information from other managers if your request has a wide scope
  • they might ask for advice within the department, from the information management officer, or our legal team

We'll provide all of the information you've requested unless:

  • an exemption applies to some or all of it
  • there's information about someone else included with yours and it's necessary to withhold some or all of it
  • information is already published or available elsewhere (for instance in the Electoral Register) - we do not need to repeat it

We will not:

  • ask you why you want the information
  • ask you what you will use the information for
  • ask you to keep what we have told you confidential
  • refuse any request unless an exemption applies

Data request exemptions

We may withhold information where the law allows, this is known as a disclosure 'exemption' and applies where information is held in order to:

  • carry out our duties in relation to public health, social work and education
  • carry out our regulatory and enforcement functions
  • prevent or detect crime or apprehend or prosecute offenders

An exemption will also apply if disclosure of information would prejudice work being done in relation to these areas, or if it would harm you.

Third party data rights

If your request for information could affect the rights of other people, or 'third parties' (e.g. if the answer to your request includes personal data about other people) we may contact them to help us decide whether to disclose information.

Although we take third party views into account, the final decision to disclosure of information remains with us.

Complaints about protection requests

If you're dissatisfied or unhappy with our response you have the right to ask for a review of how your enquiry was handled and responded to.

Contact us by email: foi@york.gov.uk stating the reasons you are dissatisfied, and we will pass this on to be investigated by the relevant senior manager/officer.

If you're dissatisfied with the outcome of an investigation, you can contact the Information Commissioner's Office on tel: 01625 545745 (or tel: 03031 231113, local rate), or write to:

Information Commissioner's Office
Wycliffe House Water Lane
Wilmslow
Cheshire
SK9 5AF

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