Data Protection Act

Data Protection Act

The Data Protection Act 1998 tries to create a balance between the rights of individuals and the sometimes competing interests of those with a legitimate reason for using personal information. It gives individuals certain rights regarding information held about them. It places obligations on those who process information (data controllers) while giving rights to those who are the subject of that data (data subjects). Personal information covers both facts and opinions about the individual.

We must abide by the enforceable principles of good practice. These say 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 necessary
6. processed in accordance with the individual's rights
7. secure
8. not transferred to countries outside the European Economic area unless the country has adequate protection for the individual

For further information please see our Privacy Policy and Information Charter.

Access to personal information
You can find out if we hold any personal information about you by making a "subject access request" under the Data Protection Act. If we do hold information about you we will:

• give you a description of it,
• tell you why we are holding it,
• tell you who it could be shared with, and
• let you have a copy of the information if we are able to do so

We handle all information in a manner that respects the rights of individuals and which complies with the requirements of the Data Protection Act. To make a request for any personal information that we hold, you need to put the request in writing.

If we do hold information about you, you can ask us to correct any mistakes by contacting us using the same contact details.

Who to contact

Adoption Information
The Permanency and LAC Service
1st Floor, Barclay House
Effie Road
Fulham
London SW6 1EN

You may also call to speak to a Duty Worker in the Permanency Team: 020 8753 2302

Complex Needs (Children) 
Contact & Assessment Team
2nd Floor, 145 King Street
Hammersmith
London W6 9XY
Telephone: 020 8753 2302

Adult Social Care Records
Administrator
1st Floor, 145 King Street
Hammersmith W6 9XY
Telephone 020 8753 5168

Young People Service
145 Hammersmith Road
Hammersmith
London W14 0QL

CCTV Information
Please see the appendix in our CCTV Code of Practice for how to make a request.

Other personal information
Current service users should contact their relevant service area in the first instance.

If you would prefer not to, or you are unsure who to contact you may send your request to the Information Management Team. The address is at the bottom of this page.

What you need to do:

• Send a request to us by letter - the contact details are at the bottom of this page. 
• Include your name and address, and any previous or alternative names you are or have been known by or addresses where you have lived, if relevant.
• Send original proof of your identity - this could be your passport, photo driving licence, birth certificate or letter from a solicitor confirming who you are. Photocopies or electronic copies are not acceptable.
• If you are making a request on behalf of someone else include proof of their permission for you to do so, or provide evidence of a power of attorney, court order or health professional evidence that they are unable to provide consent.
• Send us as much detail as you can about the information you want - include any services or departments which you believe hold the information, dates of your involvement with the council, any reference numbers or contact names you may have, anything else you think will help us to find the information.         

Once we receive the information we require to process your request we have 40 calendar days to respond. We will send you an acknowledgement and return your documentation to you.

Will I see all the information retrieved?
Personal information is defined as information related to a living individual who can be identified

• From the information, or
• From the information and other information which is in the possession of, or likely to come into the possession of the data       

and includes any expression of opinion about the person and any indication of the intentions of the data controller or any other person in respect of the individual. 

There are certain circumstances where we may decide not to release information because we consider it exempt. Some of these are listed below.

We may decide that the release of the information could prejudice the following purposes under s. 29 of the Data Protection Act:

Prevention or detection of a crime 

• The apprehension or prosecution of offenders
• The assessment or collection of any tax or duty   

Or the information may fall into one of the following definitions.  

• Confidential references given by a council officer to a prospective employer 
• Examination scripts (the information recorded by candidates during examinations)  
• Certain records relating to health, education and social work 
• Any records of the intentions of the council in negotiations with you
• Information which is subject to legal professional privilege 
• Information that would lead to self-incrimination      

We will consider all information carefully before we make a decision whether to release it or not. If we do choose to withhold we will tell you the reasons for this.

Information which identifies someone else
When requested information includes personal information relating to someone else we will consider whether to remove this information, seek consent or disclose. We will always tell you if we have chosen not to release certain information.

Complaints and Appeals
If you are unhappy with the response you receive, either the information we send you, the way we handle your request, or if you would like to have any information we hold about you corrected then you should write to the Information Manager, Business Technology, 3rd Floor, The Smart Space, Hammersmith Town Hall, London W6 9JU. Alternatively send an email outlining your concerns or requirements to: FOIRequests@lbhf.gov.uk

We are required to respond with 21 calendar days. For requests to amend or remove information we will tell you whether we consider this change appropriate and the reason for our decision.

If you remain unhappy with our decision you may lodge a complaint with:

The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: +44 (0) 1625 545 700

www.ico.gov.uk (opens new window) 

Opening hours:	9-5
	Information Management Team
Office:	020 8748 3020
Address:	Business Technology 3rd Floor, The Smart Space, Hammersmith Town Hall London W6 9JU