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.

The council 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 the council's Privacy Policy

How to request personal information

• 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.

CCTV Footage

If you wish to view CCTV footage, send nothing by post. Instead contact the relevant CCTV office by phoning the council on 020 8748 3020 to arrange an appointment. If you are unable to attend in person  please send the following to the relevant CCTV office: your proof of identity with a passport sized photograph and a declaration from one of the following: Commissioner of Oaths, Councillor, Justice of the Peace, MP, Minister of a recognised religion, Officer in the Armed Forces (serving or retired), Police Officer (serving or retired). The declaration should ideally be on headed paper and the photograph should be endorsed on the back with I certify this to be a true likeness of... (your name), they should sign and date it.

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 member of council member 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 Security Manager, Business Technology, 6th Floor, Hammersmith Town Hall Extension, 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