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Data Protection, Freedom of Information (FoI) and Environmental Information Regulations (EIR)

The Ministry of Justice are responsible in government for upholding justice, rights and democracy.
Their objectives are to:

  • Provide effective and accessible justice for all
  • Ensure people's rights and responsibilities
  • Enhance democratic freedoms by modernising the law and the constitution.

The departments specific responsibilities in relation to people’s rights include:

  • The law and policy on human rights
  • Information rights - including freedom of information and data protection
  • Gender recognition.

The Information Commissioner

  • The Information Commissioner is an independent official appointed by the Crown to oversee the Data Protection Act 1998, the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.
  • The Information Commissioner has a duty to Promote public access to official information and protecting your personal information and provides extensive guidance on how people can exercise their rights.

What is the Data Protection Act 1998 ? 

The Data Protection Act (DPA) 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.

We are registered with the Information Commissioner as a Data Controller.

The eight principles of good practice

Anyone processing personal information must comply with eight enforceable principles of good information handling 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 European Economic area unless a country has adequate protection for the individual.

Rights under the Act

There are seven rights under the Data Protection Act:

  1. The right to subject access
  2. The right to prevent processing
  3. The right to prevent processing for direct marketing
  4. Rights in relation to automated decision-taking
  5. The right to compensation
  6. The right to rectification, blocking, erasure and destruction
  7. The right to ask the Commissioner to assess whether the Act has been contravened.

Making a Subject Access Request (SAR)

A citizen has the right to ask to see the information we keep about that individual (the data subject). This is known as a Data Subject Access Request.

See our Data Protection Policy for full details.

If you have any enquiries about data protection or wish to make a Subject Access Request (SAR) please contact the Data Protection Officer on 0115 9072244 or email dataprotection@erewash.gov.uk.

Related documents

Erewash Borough Council

Erewash Borough Council, Town Hall, Wharncliffe Road, Ilkeston, Derbyshire, DE7 5RP 0115 907 2244