The Data Protection Act 1998

Introduction and definitions

The Data Protection Act 1998 deals with information held about individuals. The Act gives the data subject (the person the data is about) certain rights regarding their personal data. The Act also regulates data controllers (those who process the personal data, for example Nottingham City Council).

The Eight Principles

Under the Act, data controllers must comply with eight principles for handling personal information.

These eight principles state that data must be

1. fairly and lawfully processed
2. processed for limited purposes
3. adequate, relevant and not excessive
4. accurate and up to date
5. not kept longer than is necessary
6. processed in accordance with the individual’s rights
7. secure
8. not transferred to countries outside European Economic area unless country has adequate protection for the individual

Your Rights under the Data Protection Act 1998

Individuals may request access to personal information held by Nottingham City Council if they are the subject of that information. Requests must be made in writing and must be signed by the person the information is about. Please also ensure you provide a current address, a date of birth and any other details you think may help us locate the information.

You may ask someone else to obtain the information on your behalf, but you must provide written consent.

Charges

The Data Protection Act 1998 allows Nottingham City Council to charge a £10 fee to cover the cost of searching for data. You do not have to pay this fee if

• you wish to access your Social Services files and you are or have been in local authority care
• you wish to access your Social Services files and you are or have been a foster carer
• you are or have been a Council employee wishing to access your personnel file

There is a sliding scale of charges for accessing Education files.

Please click here to view a full list of our charges.

Further Information

For further information please click here to contact Information Governance.