Your rights
The law gives you a number of rights to control what personal information is used by us and how it is used by us. To learn more about these rights please see the ICO website.
You can ask for access to the information we hold on you
You have the right to ask us for a copy of the personal information we hold about you. This is called a subject access request. Personal information means information that can identify you, such as your name, contact details, care records, notes, emails or letters about you.
Reasonable searches
We will make reasonable efforts to find your information. This means we will search in places where we are likely to find information about you.
We do not have to carry out searches that would be unreasonable. For example, this may be where a search would take a very long time, be very difficult to do, or be unlikely to find the information you want. If we cannot search one place, we will still search other places where it is reasonable to do so. We will keep a record of the searches we carry out.
How you can help us find the right information
You do not need to use special words to make a subject access request. It helps if you tell us clearly what information you want. This can help us find the right information more quickly.
- what type of information you want;
- which service, team or place your request is about;
- any dates or time periods that may help us search;
- the names of any employees, services or teams you have been in contact with;
- any reference numbers, case numbers or letter or email details you have; and
- whether you want documents, emails, notes, records or other information.
If your request is very broad, we may ask you for more details. We will only do this if we need the details to help us find the information you want.
Information that may be harder to find
Some information may not be easy to find. It may be in an archive, backup system or paper file. We will think about whether it is reasonable to search for this information. If information has been safely deleted under our rules for keeping records, we may no longer be able to provide it.
Once we receive your request, we will not change or delete your personal information to avoid giving it to you. We will respond using the information we hold and can find. In some cases, the law may allow us not to share some information.
What this means for you
We want the subject access process to be clear and simple. The more details you can give us, the easier it is for us to search the right places and find the information about you.
If you are unable to request your records in writing, we will support you to make it in the alternative format.
Please contact us with any queries you have in regards to your request by phone on 03330 145 438 or email dataprotection@essexcares.org.
You can request to have inaccurate information updated
You can ask us to change information you think is inaccurate. We may not always be able to change or remove that information but we’ll correct factual inaccuracies and may include your comments in the record to show that you disagree with it.
You can ask to erase information (right to be forgotten)
In some circumstances you can ask for your personal information to be deleted, for example:
- Where your personal information is no longer needed for the reason why it was collected in the first place.
- Where you have removed your consent for us to use your information, and there is no other legal reason us to use it.
- Where there is no legal reason for the use of your information
- Where deleting the information is a legal requirement
Where your personal information has been shared with others, we will do what we can to make sure those using your personal information comply with your request for erasure.
Please note that sometimes we cannot delete your information such as where:
- We are required to have it by law.
- It is used for public health purposes.
- It is necessary for legal claims.
Restrict the use of your information
You can ask to limit what we use your personal data for. You have the right to ask us to restrict what we use your personal information for where:
- You have identified inaccurate information, and have told us of it.
- Where we have no legal reason to use that information but you want us to restrict what we use it for rather than erase the information altogether.
When information is restricted it can’t be used other than to securely store the data and with your consent to handle legal claims and protect others, or where it’s for important public interests of the UK.
Where restriction of use has been granted, we’ll inform you before we carry on using your personal information.
You have the right to ask us to stop using your personal information. However, if this request is approved this may cause delays or prevent us delivering that service.
Where possible we’ll seek to comply with your request, but we may need to hold or use information because we are required to by law.
You can ask to have your information moved to another provider (data portability)
You have the right to ask for your personal information to be given back to you or another service provider of your choice in a commonly used format. This is called data portability.
However this only applies if we’re using your personal information with consent (not if we’re required to by law) and if decisions were made by a computer and not a human being.
It’s likely that data portability will not apply to most of the services you receive from the ECL, as they are commissioned by a local authority and provided under contract.
Other Rights
You can ask to have any computer made decisions explained to you, and details of how we may have ‘risk profiled’ you.
You have the right to question decisions made about you by a computer, unless it’s required for any contract you have entered into, required by law, or you’ve consented to it.
You also have the right to object if you are being ‘profiled’. Profiling is where decisions are made about you based on certain things in your personal information, e.g. your health conditions.
If ECL uses your personal information to profile you, in order to deliver the most appropriate service to you, you will be informed.