Data protection

Our responsibilities and your rights

We may need to collect personal information about you to provide our services.

We also have a legal duty to collect personal information for certain purposes such as Council Tax collection.  

The Data Protection Act 2018 and General Data Protection Regulation set out in law how we can and can't use your personal information.

South Tyneside Council is the Data Controller for your personal information. We are registered with the Information Commissioner's Office under registration reference Z5765988.

We have a legal responsibility to make sure that all data collected, obtained and processed receives the highest level of protection and is safeguarded from loss and unauthorised processing.

Your rights

The Data Protection Act provides you with the following rights:

  • The right to a subject access request to find out what personal data is held about you.
  • The right to prevent processing of personal data
  • The right to prevent process for direct marketing
  • Your right in relation to automated decision-taking - for e.g. individuals have a right to object to automated decisions made them where there has been no human involvement
  • The right to compensation for damage or distress caused by a breach of the Act.
  • The right to rectify, block or erase inaccurate data held on file
  • The right to ask the Information Commissioner to assess your case if personal data has not been processed in accordance with the Data Protection Act.

Consent to re-use information

All personal data supplied to the Council must be used for the purpose it was specified for.

If we wish to process existing information for a new purpose, we must tell you of this change by law, and ask for your consent.

There are some exemptions that apply to the Act where we do need to get your consent:

  • the data is required by statutory or legal obligations - for e.g. CSA, DWP etc.
  • disclosure is in the vital interests of a person - for example it is a life or death situation.
  • disclosure will prevent injury or harm to a person's health.
  • disclosure will prevent / detect crime or the apprehension of offenders (s29).
  • disclosure will help with the assessment or collection of Council tax or duty.
  • disclosure is considered in the public interest - for example in respect of a criminal activity.
  • the data is considered to be in the interests of national security.
  • the information is used for research, historical or statistical purposes.
  • information is covered by legal privilege.
  • a court order is provided - although this can be challenged. This could possibly be challenged if for example a "safe address" of a person living in fear was to be revealed.
  • there is a departmental requirement to carry out a Council's statutory function.
  • disclosure is necessary for the purpose of obtaining legal advice, or establishing, exercising or defending the Council's legal rights (s35).

Under this requirement we are also exempt from Electoral Registration changes or where data consists of our intentions with regards to negotiations with individuals.

If you need advice about the information requested

The Council can offer guidance and advice about the information you have requested.

Contact the person who dealt with your request.

If your data is incorrect

The Council is legally obliged under the Data Protection Act to keep personal data accurate and up to date.

If you believe the personal data we hold about you is inaccurate you will need to make a request in writing to inform us of the data inaccuracy(s).

The Council has 21 days to respond to your notification and agree to either update your details or record a file disagreement notice.

If you are dissatisfied with this decision you can appeal to the Council's Records Management Team for further advice in the first instance.

Any further action will need to be taken up with the Information Commissioner who will independently review your case.