Right to erasure

Under current data protection legislation, our service users and customers have the right to ask for personal data that we hold about them to be destroyed or erased. Personal data is information that enables the identification of a living individual. However, this right only applies in certain circumstances:

  • The data is no longer necessary for the purpose which we originally collected or processed it for.

  • Your data is being processed with your consent and you are withdrawing that consent. Please note that any consent given before 28 May 2018 may no longer be valid as Data Protection Law changed on that date.

  • You object to us processing your data and we have no legitimate basis for the processing.

  • We are using your data for direct marketing purposes and you object to that purpose.

  • We are processing your data unlawfully.
    To check the lawful basis on which your information is being processed, ask the service concerned for a copy of the relevant Transparency Notice if you have not already got a copy.

  • We have to erase your data to comply with a legal obligation.

  • The data we hold was provided to you when you were a child to offer information society services.

How do I apply for my data to be considered for erasure?

If you believe that we hold information about you that meets the criteria above and you wish that information to be erased, you can submit an application requesting that the information is erased. You can apply to any Wakefield Council office as follows:

  • in person

  • by telephone

  • in writing by email, or by letter

In order to speed up the process, it would help us if you could complete our form or provide the information requested on the form in your application.

We will not be able to deal with your application for erasure until we are fully satisfied that the person requesting the erasure is the person who the information is about. Therefore you will be required to provide proof of identity. Please provide one item from each of the lists below.

Proof of Identity

Proof of Address

Passport

Photo Driver's Licence

National Identity Card

Birth Certificate

Recent utility bill

Recent bank statement

Recent credit card statement

 

Should the ID documents provided not fully satisfy us, you may be required to provide additional information.

Please do not send original documents. A photocopy or scanned image is acceptable. If you wish to email your application and proof of ID, you can do this securely by using our secure email facility.

Requests on behalf of someone else

If you are acting on behalf of someone else, we will need the written authorisation of the person who the data is about, along with proof of their ID as well your own.

Is erasure of my data guaranteed?

No. The majority of our functions are carried out under legal obligation which means that in many cases, the information has to be retained for a certain length of time, depending upon what the information is for. We will be unable to erase information if one of the following exemptions will apply. 

If processing is necessary

  • To exercise the right of freedom of expression and information.

  • To comply with a legal obligation.

  • For the performance of a task carried out in the public interest or in the exercise of official authority.

  • For archiving purposes in the public interest, scientific research, historical research or statistical purposed where erasure is likely to render impossible or seriously impair the achievement of that processing.

  • For the establishment, exercise or defence of legal claims.

In addition, if the request is:

  • manifestly unfounded (obvious that it is not based on fact),

  • is excessive, or

  • is repetitive in nature

we can refuse to comply with a request or charge you a fee.

When will I receive a response to my application?

We aim to respond promptly and within one month of the following:

  • Our receipt of your request and adequate proof of identification; or

  • Our receipt of any further information/clarification we may ask of you to enable us to consider your request.

Which ever happens to be latter.

Contact us

Corporate Information Governance

County Hall
Bond Street
Wakefield
WF1 2QW

01924 306 112