Data Protection Open or Close
The Data Protection Act 1998 promotes a culture of openness and fairness in those who process personal data (data controllers). Bolsover District Council, as a data controller, complies with the Act. The Access to Data and Information policy outlines how the Council will ensure the public have access to data and information as appropriate.
You have the right to:
ask the Council if it holds personal information about you
ask what the information is used for
ask to be given a copy of the information held
ask whether the Council discloses your information to others and if so to whom
ask the Council to correct, erase or destroy any incorrect data
ask the Council not to use personal information about you for direct marketing purposes
ask the Council to stop processing which you consider is causing you unwarranted damage or distress
seek compensation if you have suffered damage caused by the Council’s contravention of the Act
To make a subject access request you must apply in writing with:
your name and address
details of the service(s) holding your personal information
any other information (e.g. proof of ID, date of birth, rent or council tax number) that would help the Council identify your information
a fee of £10.00 for the provision of the information
The Council will provide help to make the request if you need it.
Once your request has been received with the fee we will respond within 40 days:
telling you whether we hold information about you
providing you with copies of the information we hold
describing the purposes for which we process your data
listing to whom the information may have been disclosed
listing the sources of the information (if available)
Freedom of Information Open or Close
The Freedom of Information (FOI) Act 2000 intends to promote a culture of openness and accountability in public authorities, by providing people with rights of access to all types of recorded information held by them. Anyone asking for information has the right.
- to be told whether the information exists (except for absolute exemptions where we do not have to confirm or deny whether we have the information);
- to receive the information (unless it is exempt) and, where possible, in the form requested.
Our Access to Information Policy (138kb) sets out how we will comply with the following Acts – Data Protection Act 1998, Freedom of Information Act 2000 and Environmental Information Regulations 2004.
The Publication Scheme
Under the FOI Act 2000, all local authorities have to produce a Publication Scheme (827kb). This is a directory of information and publications that we already make available, so before you ask for any information, you should check whether it is included in our Publication Scheme. Please also see Transparency page for additional information
How do I request information?
A lot of information, often referred to as 'business as usual' requests is routinely available and all you have to do is contact the relevant section or department for the information you need. If you are not sure whether the information is already available, or who to contact, check the Publication Scheme (827kb).
For information which is not routinely made available, then you will need to put your request in writing. This can be a letter, fax, email or you can complete the Information Request Form. It will help us to identify FOI requests if you state Freedom of Information at the top of your letter, fax or email. You do not have to tell us why you want the information, but it may help us to find exactly what you want if you do. Send your request to the Customer Service and Improvement (Freedom of Information), Bolsover District Council, The Arc, Clowne, Derbyshire S44 4JY. We have to deal with these requests within 20 working days.
Will I be charged for information?
For information included in our Publication Scheme (827kb), you may be charged for the cost of photocopying, printing and posting a copy of the relevant document(s). The Publication Scheme indicates whether such a charge applies. However, many documents can be obtained free of charge from our Contact Centres.
Is there any information that cannot be released?
Yes, if an exemption applies. There are two categories:
- Absolute exemptions - These are unquestionable exemptions under which we are not allowed to provide the information and include court records and personal information that would come under the Data Protection Act
- Qualified exemptions - This category is subject to a public interest test. This is where we will look at whether the balance of public interest is weighted in favour of giving the information requested. Where this is found to be the case, the information will be given. This category covers areas such as law enforcement and health and safety.
What happens if a request for information is turned down?
We will tell you why we have turned down the request, quoting any relevant exemptions. You then have a right of appeal, initially under our Complaints Procedure. If, after the appeal, the information is still not disclosed, you can ask the Information Commissioner to review the decision. The Information Commissioner's Office is the Government department that oversees and enforces FOI.
We continually monitor to see how many FOI requests we have received and how we are performing against our targets in responding to these requests.
- Freedom of Information Requests April 2015 to September 2015 (70kb)
- Freedom of Information Requests October 2015 - March 2016 (73 kb)
- EIR Requests April 2015 - March 2016 (26kb)
Re-use of Public Sector Information
A European Directive came into force on 1st July 2005 which allows people to apply to re-use public information held by public bodies (including this Council). The directive does not provide access to the information itself. Information needs to be sought under information regimes such as Freedom of Information Re-use means using the information received for a purpose other than the purpose for which the information was originally produced (including commercial purposes). Guidance on the re-use of information explains how you can make a request to re-use information and how we deal with requests.
For more information please visit the Information Commissioner’s Office website http://ico.org.uk
National Fraud Initiative Open or Close
We are required by law to protect the public funds we administer.
We may share information provided to us with other bodies responsible for auditing or administering public funds, in order to prevent and detect fraud.
The Audit Commission appoints the auditor to audit the accounts of this authority. It is also responsible for carrying out data matching exercises.
Data matching involves comparing computer records held by one body against other computer records held by the same or another body to see how far they match. This is usually personal information. Computerised data matching allows potentially fraudulent claims and payments to be identified. Where a match is found it indicates that there is an inconsistency which requires further investigation. No assumption can be made as to whether there is fraud, error or other explanation until an investigation is carried out.
The Audit Commission currently requires us to participate in a data matching exercise to assist in the prevention and detection of fraud. We are required to provide particular sets of data to the Audit Commission for matching for each exercise, and these are set out in the Audit Commission's guidance.
The use of data by the Audit Commission in a data matching exercise is carried out with statutory authority under its powers in Part 2A of the Audit Commission Act 1998. It does not require the consent of the individuals concerned under the Data Protection Act 1998.
Data matching by the Audit Commission is subject to a code of practice.