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Wednesday , November , 22 2017

Carlisle City Council

The Data Protection Act 1998  imposes stringent requirements that any organisation holding personal data must comply with. The legislation states that all processing undertaken must be fair and lawful, accurate and up-to-date, and that the data is adequate, relevant, not excessive and is held for no longer than is necessary. It is also mandatory that appropriate technical measures are taken to prevent unauthorised or unlawful processing or disclosure of data. This includes accidental loss or destruction of, or damage to, personal data.

Personal data can only be processed if at least one 'condition for processing' applies. These conditions are set out in the Act and include consent, a legal obligation or the processing is necessary for the performance of a contract. The rules also introduce "sensitive personal data", which includes any information that details racial or ethnic origin, political affiliations, sexual orientation, religious or other beliefs. This data demands greater protection and one of the following must be true: an individual's explicit consent is required; is a legal requirement; to protect the vital interests of the individual. Where consent is obtained, the individual must be made fully aware of the purposes for which the data is to be used and of any recipients.

Data held in manual or paper form is subject to the Act.

Individuals' rights are enshrined in provisions to enable anyone to see a full description of the data held about him, on payment of a fee. This information has to be altered if it is inaccurate or likely to cause damage or distress (subject to an exemption).

Individuals can also request details of how automatic decision-making processes operate. This can impact on the use of data for direct marketing, either by mail or telephone. Compensation can be claimed for damage caused by breach of the Act.

Data Protection Policy

Carlisle City Council's Data Protection Policy is based on the Data Protection Act 1998. It should be read in conjunction with the Appendices and the Definitions Section, which contain details of some of the terms used throughout this policy. The policy document is maintained by the Council's Information Officer.

  • Definitions
  • Statement of intent
  • Fair and lawful processing
  • Consent
  • Security measures
  • Transfers overseas

More information on these definitions are available in the FAQ below, If you have any queries regarding the City Council's Data Protection Policy, please contact:

Information Officer
Civic Centre
Carlisle
CA3 8QG

Tel: 01228 817165
E-mail: [email protected]

  Data Protection - FAQ

Consent

Carlisle City Council will not infer consent by non-response to a communication; consent will not be obtained through duress or on the basis of misleading information. In some cases implied consent may be sufficient, but where consent is sought, the data subject will be informed of the reasons for which the data is being obtained, to aid the data subject to make an informed decision. Where explicit consent is required (for the processing of sensitive data) the data subject will be given specific details of the processing, the type of data to be processed, the purpose of the processing and any special aspects of the processing which may affect the individual, for example disclosures. All data gathering forms will have a privacy notice on them and where information is gathered over the telephone, or the internet, individuals will be well informed. The privacy notice will have to include: -

  • the name "Carlisle City Council"; 
  • the purpose or purposes for which the data are intended to be processed;
  • any further information as necessary, such as disclosures, that will enable the fair processing of the data; and
  • whether the information will be shared with any third parties. 

An example of a "Fair Processing Statement" for a Housing Benefit form could read: -

The information provided on this form is confidential and Carlisle City Council will use it only to work out any Housing Benefit, Council Tax Benefit or Second Adult Rebate you may be entitled to, and to check that you are paying the right amount of Council Tax. Carlisle City Council has a duty to detect and prevent fraud, these details may be processed electronically to discover whether any fraud has taken place, this electronic process is also checked manually. We may also pass on certain details to the Benefits Agency, the Council Tax Department, the Housing Department and the Rent Officer.

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