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1.5.2 Responding to Access to Information Requests Received under the Data Protection Act 1998

AMENDMENT

This chapter was significantly amended in August 2013 and should be read in it’s entirety.


Contents 

  1. Background
  2. Requests for Access to Information under the Data Protection Act


1. Background

The Council has policies and procedures to outline the process for the receipt of, logging, monitoring and responding to requests for information under the Data Protection Act. The Council wide document can be viewed using the following link: The Source

In addition there are copies of these documents for Children's Care and Adults Social Care are available on 'the source' at: -

http://thesource/sectionlandingpage.asp?cat=1344 (for children's services)

http://thesource/ContentR.asp?id=57183&cat=1387 (for adults services)

All requests should be forwarded to the Corporate Records Manager currently based in Corporate Governance Team or the Records Manager for Children's Social Care and Adults Social Care. They will ensure that requests are logged and that all requests are responded to within prescribed timescales.


2. Requests for Access to Information under the Data Protection Act

Where a written request is received by Legal Officers and the request seeks access to records held by Children's Social Care Services the following action should be undertaken: -

  1. Check whether there are currently any legal proceedings in relation to the case or other activity involving staff in Legal Services. This may affect whether the matter is responded to under the DPA process or as part of the court proceedings. In these cases, Legal Officers must advise the Business / Service Manager of the request. Details of the request should also be shared with the Caldicott Guardian in Children's Social Care and the Records Manager in Children's Social Care;
  2. Where there are no proceedings or other legal activity, Legal Officers must advise the Records Manager and the Caldicott Guardian of the request and agree with them that the matter is a request for access to records that will be logged and processed as a request for information to be provided under the Data Protection Act;
  3. The Caldicott Guardian / Records Manager will be able to verify that records are held in Children's Social Care and they will indicate which Manager will be undertaking responsibility for dealing with the request.
NB For all requests; the Records Manager will send an acknowledgement letter and will also seek proof documents and consent from the applicant, monitor the progress of the request and ensure compliance with timescales for providing a response.

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