Access to files

 

Peoples' right to access their Social Work records through the Data Protection Act 1998
The Data Protection Act 1998

 

Social Work Services may keep information about you (personal data) so we can provide a service and carry out certain duties, which are required by law.

We must make sure that your data is fair and accurate. We should only keep this data, or share it with others, when we need it to provide a service or carry out our duties.

The Data Protection Act (1998) sets out rules for the way we keep, use and share personal data. The Act gives you the right to check that we are sticking to the rules. The Act applies to all data held by Social Work Services.

A public information leaflet on Data Protection Act Subject Access is available in portable document format for downloading.  The Adobe Acrobat reader can be freely downloaded from the Adobe web site.

 

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Your rights of access

 

You have rights of subject access, which are:

  • to find out if we keep data about you

  • to find out why we keep data and who we share it with

  • to get a copy of all, or part, of the data we hold about you

You can only see personal data that we hold about other people in certain circumstances, for example:

  • if legally appointed to make decisions for that person
  • if authorised by the person to access data on their behalf
  • if the person is a young child and you are their parent

Children aged 12 and over generally decide for themselves who can see their data. Some younger children may also be asked to give their permission.

You do not have an automatic right to access all data held about you. We are legally obliged to withhold some data, for example if it would break our duty of confidentiality to other people mentioned in your files, or would be harmful to you.

An information leaflet that explains your rights more fully is available in portable document format for downloading.  The Adobe Acrobat reader can be freely downloaded from the Adobe web site.

 

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How to apply for access

 

You must apply for access in writing. A verbal request, either over the telephone or face-to-face, is not recognised in law. Although any written request is valid, we supply our own application form to make it easier to locate the information that you are interested in. We strongly recommend that you use this form when making your request. A copy of the application form is available is available in portable document format for downloading.  The Adobe Acrobat reader can be freely downloaded from the Adobe web site.

You should send your completed form to your local social work office.

 

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Links to further information

 

The Information Commissioner
The Information Commissioner for the U.K provides information and advice about data protection issues. The Commissioner also investigates complaints from the public about any alleged breach of the Data Protection Act (1998), including the failure to give proper access to your data within the time allowed by law.

For further information on the work of the Information Commissioner, or to make a complaint, contact:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Phone: 01625 545 745
Fax: 01625 524 510
E-mail: mailto:data@informationcommissioner.gov.uk


Alternatively, you can view information on their Web site:
Information Commissioner


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