What is my right?
The right to erasure is also known as the ‘right to be forgotten’. This right allows you to ask us to delete or remove all or some of your personal information if there is no compelling reason for its continued use.
When does this right apply?
The right to erasure is not an absolute right and only applies where:
Consent
You have consented to us using your personal information and you wish to withdraw your consent.
As explained in the ‘frequently asked questions’ the Council does not need your consent to process your personal information for the vast majority of the services it provides. This is because we have a legal or statutory obligation to provide these services and to maintain public records of those service.
No longer necessary / retention period expired
Where the personal information is no longer necessary in relation to the purpose for which it was originally obtained and the timescale for us to keep the record has expired.
Unlawful
Where we are processing your personal information unlawfully i.e. for a purpose we are not legally entitled to.
Rectification
Where you have successfully exercised your right to rectify incorrect information (insert link) i.e. the incorrect information relating to you must be deleted.
Legal obligation
Where the information has to be erased in order to comply with a legal
- obligation e.g. where the court has ordered to delete the information
How do I make a request for the Council to erase my personal information?
If you wish to make a request for the Council to erase your personal information you should do so by contacting the Information Management Team:
What information do I need to provide when making the request?
We will need the following information in order to identify you:
- Full name (including any previous names)
- Address (previous address if you have recently moved or the record that requires deletion relates to a different address)
- Date of birth
We will need the following information in order for us to identify the information that you wish to be erased:
- Council service and/or department to which the information relates.
- Any relevant reference numbers
- Names of any officers you’ve had dealings with
- An extract or description of the information you wish to be erased
- The reason you want the information erased – please be as specific as possible.
Will the Council acknowledge my request?
The Information Management Team we will formally acknowledge your request within 5 working days. We will also advise you of the date by which the Council will respond to your request.
How long does the Council have to comply with my request?
The Council must respond to your request without undue delay and no later than one month from the receipt of your request. Where the request is complex or numerous this may be extended by two months. If we need to apply a time extension we will inform you as soon as possible and explain to you why it is necessary.
If the Council has shared the information that is to be erased with another organisation, does the Council have to tell that organisation about the erasure?
Yes. If the Council upholds your request and the information that is to be erased has been shared with another organisation the Council must notify the organisation of the erasure, unless it is impossible or involves disproportionate effort to do so.
When responding to your request, the Council will advise you of any third party organisations it has written to about the erasure.