Subject Access Request
Individuals who wish to gain access to personal data which Housing and Care 21 may hold and process in their name are required to make a Subject Access Request (SAR). Please refer to the guidance below to understand how you can make a formal request for your personal data.
What am I entitled to receive?
Under Section 7 of the Data Protection Act 1998, individuals can:
- find out if we hold their personal information
- gain an understanding of what we use this information for (purposes)
- request a copy of any personal information we may hold
- establish who we may share the information with
- request that we update and/or delete any inaccurate information
- make an application for data to be permanently deleted (this is subject to any statute which may apply)
An individual (data subject) is only entitled to receive copies of their own personal data. Third party personal data will not be disclosed under Subject Access Request and will be redacted (removed) prior to disclosure.
Can someone make a request on my behalf?
Personal information will only be provided to a third party in two circumstances:
1. If you have representative acting on your behalf, such as a Solicitor, Power of Attorney, Next of Kin etc. It is important to note that data will only be released to your representative once we have received your explicit consent to do so. Explicit consent must be provided in writing.
2. If the data is required by law e.g. subject to a Police investigation.
Please note that anyone who impersonates another individual to gain access to his or her information may be guilty of an offence under Section 55 of the Data Protection Act 1998 and subject to prosecution.
How do I make a request for personal information?
In order to make a formal, valid Subject Access Request you will be required to:
- make the request in writing (letter or email)
- provide a suitable contact postal address and/or email address
- provide 2 forms of identification, such as a photocopy of your Birth Certificate, Passport, Drivers Licence or ID Card
We are unable to process your request without this information.
In order to assist you, you may wish to fill out the Subject Access Request Form. Once completed, please mark your request for the attention of the Data Protection Officer and send to either: email@example.com or:
Data Protection Officer
Housing and Care 21
10th Floor, Tricorn House
51-53 Hagley Road
Birmingham B16 8TP
If you have difficulties completing the form or making a written request please contact us on 0370 192 4000 and ask for the Data Protection Officer.
Is there a fee?
No, Housing and Care 21 do not charge a fee to process Subject Access Requests.
What will I receive?
You will be entitled to receive the data which we hold and process in your name. This can include your client file (which includes data such as your tenancy agreement, support plans, next of kin information etc.).
In certain circumstances, there may be a restriction on the data you are provided. Under data protection regulations there are certain exemptions which mean we may not be able to disclose information to you. For example, we are unable to provide third-party data or data which could affect a Police investigation. If this is the case we will contact you and let you know the reasons why we are unable to provide the information.
Furthermore, if we do not hold the information which you have requested, we will confirm this in writing, detailing the reasons why, if applicable.
How long does it take?
Under the Data Protection Act 1998, we are legislatively bound to provide a response to your request within 40 calendar days. However, this timeline will be reduced to 30 calendar days when the General Data Protection Regulation (GDPR) is adopted on the 25 May 2018. Please note however that this timeline is only relevant from the point at which we receive your request in writing, together with the obligatory identification documentation.
Therefore, it is recommended that you send all your documentation as early as possible to avoid any disappointment or delay.
What can I do if I am unhappy with the response?
If you are unhappy with the Subject Access Request response, please let us know the reasons why and we can review our response to you. You can contact us by writing via email at firstname.lastname@example.org or to the: Data Protection Officer, Housing and Care 21, 10th Floor, Tricorn House, 51-53 Hagley Road, Birmingham B16 8TP.
If you remain unsatisfied with our response following the internal review, please contact the Information Commissioners Office (ICO) citing your concerns. The ICO can be via email at https://ico.org.uk/global/contact-us/email/ or to Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF, or you can ring the ICO on 0303 123 1113. Further details on the ICO and their role can be found here www.ico.org.uk
What can I do if I think the information provided is incorrect?
If you think the information we hold and have provided is incorrect you are advised to contact us in writing with your concerns and ask us to review the data. You can contact us via email at email@example.com or to the: Data Protection Officer, Housing and Care 21, 10th Floor, Tricorn House, 51-53 Hagley Road, Birmingham B16 8TP.