Data protection and freedom of information

6. Data

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6. Data protection and freedom of information

54 www.stockporthomes.org

Data protection and freedom of information

If you wish to get information about yourself, you should make a ‘subject access request’ under the Data Protection Act.

Data protection and freedom of informationWe hold personal information about all our customers, such as address, date of birth, ethnicity and disabilities. You may have filled in forms that ask you to give this kind of information.

For example, new customers sign a form to give us permission to share their details with the Housing Benefit Team to help the Council to deal with benefit claims more quickly.

We have to follow several laws when collecting and using information about you. One of these is the Data Protection Act 1998; this section of the handbook tells you how this might apply to your relationship with Stockport Homes.

If you wish to get information about yourself, you should make a ‘subject access request’ under the Data Protection Act.

If the information you are looking for is not about you but is related to a public authority, then you can use the Freedom of Information Act 2000. The Act gives you a general right of access to information held by Stockport Homes.

What is data protection?The Data Protection Act 1998 legally protects personal data on living individuals, regardless of how the information is collected.

Anyone or any organisation processing personal data, including Stockport Homes, must comply with the eight data protection principles. The eight principles state that personal data must be:• fairly and lawfully processed;• processed for limited purposes;• adequate, relevant and not excessive;• accurate and up-to-date;• not kept for longer than is necessary;• processed in line with individuals’ rights;• secure; and• not transferred to other countries without adequate protection.

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Information on prospective, current and former customers is held in a number of ways.

What rights do individuals have?Customers have the following individual rights:• to ask what information is kept about them;• to ask what the information is used for;• to ask for an easy-to-understand printed copy of the

information;• to be told which type of organisations or individuals the

information might be disclosed to and why;• to ask for factually inaccurate information to be corrected;• to ask for personal data not to be used in a way which

causes that individual significant damage or distress; and• to claim compensation in the event of any failure to comply

with the Act which causes them damage or damage and distress.

We hold information on prospective, current and former customers in different ways. Your information is held on the tenancy agreement, Homechoice application form and on the file we keep for every house we manage. We also have information on our computerised housing management system.

Your right to see your file

How do I make a request?

You can make a written request via letter or email to [email protected]

How do I view information?

• you can either come into the office yourself and look through your file; or

• we can send you copies of all information on your files.

What information can I request?

You can request:• a specific piece of your information that you wish to look at;• all information specifically about your housing application;

and• all the information we have about you on your file.



What information can’t I see?

For some types of information, we may restrict or refuse access. For example, if:• information relates to a third party (or to another individual)

who has not consented to the information being disclosed, for example, a complaint letter from a neighbour;

• a doctor or other health worker believes it could be harmful to give the information on a file to someone in a sensitive or vulnerable position;

• providing you with the information on your file would affect the ability to prevent or detect crime; and

• information on your file is of a confidential legal nature.

What happens next?

We will acknowledge your request within 10 working days of receiving it. We will deal with your request within 40 calendar days of receiving it and let you know the arrangements for viewing your file. If we need to clarify what information you require we will ask you about this when we acknowledge your request. The 40 calendar days will start when we are clear about what you want us to provide. Having seen your file, if you believe that any of the information about you is inaccurate or misleading, you should write to the Governance Manager, giving details of what’s wrong.

Will I have to pay or provide any personal details?

There will be a fee of £10 to cover administration. This amount is set by the Information Commissioner, you can get more information on their website at www.ico.gov.uk

We will ask for proof of identification such as a copy of your driving licence, passport or utility bill. This will make sure that information is only given to you and no one else.

What should I do if the information is wrong?If you disagree with anything on your file you must write to us and tell us about it. We will amend personal data that is shown

There may be a maximum fee of £10 to cover administration, but this depends on the amount of information you want.



to be factually inaccurate. In cases of subjective opinions these will not be removed, but we will ask you to write your own comments which will then be added to the file and always given out whenever the disputed opinion is requested.

Can I complain?

If the information you get is inaccurate and we do not amend it, or if you get an unacceptable service, you can complain to the Customer Feedback Officer (please see section four, ‘Customer feedback’ for details). If after this you are still dissatisfied with the outcome, then you have the right to complain to the Information Commissioner’s Office about data protection issues. The Information Commissioner will not investigate bad service.

Information Commissioner’s OfficeWycliffe HouseWater LaneWilmslowCheshireSK9 5AFTel: 01625 545 745Web: www.ico.gov.uk

Freedom of Information ActThis Act applies to Parliament, government departments, local authorities, health trusts, doctors’ surgeries, publicly funded museums and other organisations, including Stockport Homes.

The Freedom of Information Act means that:

• any individual or organisation anywhere in the world can ask Stockport Homes for information that it holds;

• the information must be provided on request within 20 working days, unless it is exempt;

• Stockport Homes should publish information about its activities so that anyone can access it; and

• those requesting information can complain to the Information Commissioner’s Office if they believe Stockport Homes has not dealt with their request correctly.

The Information Commissioner is also responsible for promoting the rules for the processing of personal information set out in the Data Protection Act 1998.

We will remove or correct inaccurate information.



Who can request information?Anyone can request information under the Act, regardless of age, nationality or location.

What information is available?

Any information held by a public authority, including Stockport Homes, must be considered for release if requested. However, certain exemptions may apply to protect information that is properly kept confidential. If the information you request is exempt we will explain why it cannot be provided.

Who can I ask for information?

You can ask any member of Stockport Homes’ staff, or contact the Governance Manager who is the main contact in Stockport Homes for information requests. All requests must be made in writing (which includes emails).

What is a publication scheme?

Under section 19 of the Freedom of Information Act we must produce, maintain and disclose information in a publication scheme. This scheme sets out what kinds of information we will issue, and how. Stockport Homes uses the Information Commissioner’s Model Publication Scheme.

A publication scheme describes ‘classes’ or ‘kinds’ of information (such as minutes and reports that Stockport Homes provides). You can view Stockport Homes’ Publication Scheme on our website at www.stockporthomes.org

How do I make a request?

The Freedom of Information Act requires that all requests:• are in writing (this includes emails, which should be sent to

[email protected]);• state clearly what information is wanted; and• state the applicant’s name and an address for

correspondence (which can be an email address).

Any information held by a public authority, including Stockport Homes should be considered for release.



What happens when I make a request?

• When we receive a request for information, we must respond as soon as possible, and not later than 20 working days after receiving your request.

• We will consider your request and reply.• The reply should confirm or deny that we hold the information

and either provide the information you requested or explain why it can not been provided, quoting an exemption under the Act.

What happens if Stockport Homes doesn’t understand my request?

Under the Freedom of Information Act, we have a duty to advise and help requesters. If we don’t understand your request, we will contact you to clarify the information you require.

What does it cost?

If you are requesting information that is in our Publication Scheme we will normally provide this free of charge.

If you are requesting information not contained in the Publication Scheme, we may charge you a fee as laid down in regulations and in our Charging Policy.

These regulations state that where requests cost us less than £450 to respond to, we may charge for the cost of photocopying and postage.

If your request will cost more than £450 to respond to, we may refuse to answer it, or we may charge up to the full cost of answering. If you do not want to pay the fee, we do not have to supply the information.

The amounts we may charge are accurate at July 2011, but may change as they are set by government regulations.

Under the Freedom of Information Act, we have a duty to advise and help requesters.



What happens if my request is refused?

We may refuse a request for information only if it falls under one of the exemptions or if the cost of responding exceeds £450.

If we refuse a request we will provide details of how to apply for an internal review of our decision to refuse the request.

If, after an internal review, we still refuse your request, you may ask the Information Commissioner to review that decision.

How many requests can I make?

The Act does not specifically limit the number of requests you can make. However, Section 14 of the Act states that we can reserve the right to refuse any ‘vexatious’ or repeated requests. This may include repeated requests from the same person for the same information, or requests that are intended to disrupt our work.

How can I use the information I receive?

The Freedom of Information Act does not restrict how you use the information supplied under it. Some information, however should be subject to copyright which may mean that it can only be used for certain purposes. If this is the case, you will be informed when we respond to your request.

Can I ask for the information in a different format?

You may request that the information be supplied in a particular way. However, we may take into account the cost of supplying the information in this way before complying with your request. In particular, you may ask for information in permanent form, in summary form, or for permission to inspect records containing the information.

We may be able to supply the information in Braille or audio format, in large type, or translated into another language. However, you should discuss this with us.

The Freedom of Information Act does not restrict how you may use the information supplied under it.

Documents

Data protection and freedom of information