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Right to restrict processing

What is my right?

You have the right to ask the Council to stop using or restrict the use of your personal information in certain limited circumstances. The right allows the Council to continue to store your information but not to use it.

When does this right apply and what must the Council do?

The right to restrict processing applies in the following circumstances:

Where you contest the accuracy 

If you have contested the accuracy of your information and have exercised your ‘right to rectify incorrect information’ the Council should restrict access to the information (that is in dispute) until the accuracy has been verified.

Where you have made an objection

If you have made an objection to the Council processing your personal information and have exercised your ‘right to object’ the Council should restrict access to the information whilst it is considering your objection.

Where we are unlawfully processing your information 

If the Council is processing your personal information unlawfully i.e. for a purpose we are not legally entitled to and you do not want us to permanently delete the information we should immediately stop using the information.

Where you are defending a legal claim

There may be occasions where the Council no longer needs your information and it can be permanently deleted. However, if you need the information to establish, exercise or defend a legal claim we must not delete the information until the matter has been settled.

How do I request the restriction of my personal information?

If you require the Council to restrict the processing of your personal information, you should contact the Information Management Team:

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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 information you require us to stop processing relates to a different address)
  • Date of birth

We will need the following in order for us to identify the information that you wish the Council to stop or restrict processing:

  • Council service and/or department to which the information relates
  • Any relevant reference numbers
  • Names of any officers you’ve had dealings with
  • A copy or description of the information you wish the Council to stop processing 
  • The reason you want the Council to stop processing the information

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 restricted information with another organisation, does the Council have to tell that organisation about the restriction?

If the Council upholds your request and the information that we are to stop processing has been shared with another organisation, the Council must notify the organisation of the restriction, 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 informed about the restriction. 

Can the Council lift the restriction?

Yes. The Council may lift the restriction if it has legitimate grounds for doing so (for example circumstances change or new information comes to light). The Council will inform you of any decision made to lift a restriction and the reasons why.