Data Protection

General Data Protection Regulation (GDPR) and the Data Protection Act 2018

Legislation requires the Council to respect the principles of fair processing when handling your personal information. This also guarantees individuals certain rights in relation to the processing of their personal data, including the rights of access, rectification and erasure.

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Information about your rights under GDPR and the Data Protection Act 2018 can be found on the Information Commissioner's Office website.

For more information on the Council's handling of personal information, please refer to the Council's Data Protection Policy Statement.

The Council has a duty under data protection legislation to provide individuals with access to information about themselves on request.  Usually, personal information will only be given to the person who is the subject of the data, and then only when their identification has been verified.  Requests for information about a person other than yourself will usually be rejected except in the following circumstances:

  • someone with parental responsibility may request information about a child under 13, but there is no automatic right to the data
  • a solicitor may request information on behalf of a client with their client's written consent
  • requests from other individuals acting with the explicit written consent of the data subject or a registered Lasting Power of Attorney or who have been made a Deputy by the Court of Protection.

You will receive:

  • copies of information you are allowed to see
  • a description of the information disclosed to you
  • a description of how and why your information is being processed, who has access to it and / or an explanation of any codes used in the documents you have received

Please note you cannot request pre-adoption records through this process.  For further information please see our Adoption Birth Records page.

If you think the data we hold about you is inaccurate or incomplete, we will need you to tell us why and usually provide evidence to support this. Additionally you can ask us to erase or stop processing your data however we can only do this where we do not have a statutory authority (legal basis) for doing so, ie, we cannot stop processing your information for things such as Council Tax.

  1. Firstly it would help us if you could complete the form below which will ensure we receive all the information we need to start your request:
        
    Rights of Access, Rectification and Erasure Request (RARE) Form 
        
    This form can be used for all requests to access data we hold about you including footage from our CCTV cameras on the highway and from town centres and data from our Automatic Number Plate Recognition (ANPR) cameras.   Please note that CCTV footage is retained for a maximum of 3 months.
Please note: CCTV camera systems in towns in Cornwall are owned by the town councils and only some of these systems are monitored by Cornwall Council.  If the town you are enquiring about is not listed on the Town Centre CCTV page then unfortunately we will not be able to assist with your enquiry as we will not have access to the information you are requesting.  In this event we would suggest that you contact the relevant town council direct; please see our Town and Parish Councils webpage for their contact details.
   
Further information regarding data collected via our ANPR cameras is available on our Automatic Number Plate Recognition (ANPR) Privacy Notice page.
  1. Send your form, together with the relevant proofs of identity (and vehicle ownership if applicable) as required to us following the instructions on the form.
       
  2. We will check the documentation and validity of your request and contact you if any further information or evidence is needed. We will return any original documents promptly by First Class Signed For delivery. We will then commence your request and complete it within 30 calendar days.
        
  3. If you are dissatisfied with the information provided to you or how we have handled your request, you can ask us to review it within 3 months of the date your request was completed.  We will then carry out a review and provide you with a response within 20 working days.
        
  4. If you are unhappy with our handling of your request or the outcome of any review, you can request an assessment of your case by the Information Commissioner's Office.