The data held about me is inaccurate, can I have it corrected?
If the data is inaccurate, under the Data Protection Act 1998 you may issue a notice requiring your employer to correct or remove any inaccuracies. You may also be able to apply to a court to seek damages for the distress or damage this has caused for you (under s.13). The only difficulty is with manual records. Manual data added since 24 October 1998 is covered by the Act but manual records unaltered since before 24 October 1998 will be exempt until October 2007.
More specifically, you have four main rights under the DPA activated by a request to your employer and the payment of a maximum fee of £10 (this figure is correct as of Summer 2007, please check with Information Commissioner to determine if the fee has since changed). These rights are:
1) The right to be told whether data is being held or processed by your employer.
2) The right to be given a description of such data, the purposes for which they are being held and also the persons to whom the employer may disclose these to.
3) The right to have the data communicated to you in an understandable form, such as a photocopy or print-out.
4) In cases where a decision is made using an automated process (such as performance related pay methods, you are entitled to know the basis of the decision-making process.
If your employer fails to comply with your enquiry, fails to respond to your request within 40 days, or refuses to correct demonstrably inaccurate data, you can complain either to a court or to the Information Commissioner. The latter is preferable as this costs you nothing. You can contact the Information Commissioner’s Office by writing or phoning:
Wycliffe House
Water Lane
Wilmslow
Cheshire, SK9 5AF.
Information Line: 01625 545 745
http://www.ico.gov.uk/
For more information on the right to know you may wish to contact:
Campaign for Freedom of Information
Suite 102, 16 Baldwins Gardens
London EC1N 7RJ
Tel: 020 7831 7477
More specifically, you have four main rights under the DPA activated by a request to your employer and the payment of a maximum fee of £10 (this figure is correct as of Summer 2007, please check with Information Commissioner to determine if the fee has since changed). These rights are:
1) The right to be told whether data is being held or processed by your employer.
2) The right to be given a description of such data, the purposes for which they are being held and also the persons to whom the employer may disclose these to.
3) The right to have the data communicated to you in an understandable form, such as a photocopy or print-out.
4) In cases where a decision is made using an automated process (such as performance related pay methods, you are entitled to know the basis of the decision-making process.
If your employer fails to comply with your enquiry, fails to respond to your request within 40 days, or refuses to correct demonstrably inaccurate data, you can complain either to a court or to the Information Commissioner. The latter is preferable as this costs you nothing. You can contact the Information Commissioner’s Office by writing or phoning:
Wycliffe House
Water Lane
Wilmslow
Cheshire, SK9 5AF.
Information Line: 01625 545 745
http://www.ico.gov.uk/
For more information on the right to know you may wish to contact:
Campaign for Freedom of Information
Suite 102, 16 Baldwins Gardens
London EC1N 7RJ
Tel: 020 7831 7477
