What are the rights of the individuals whose personal information is handled by West Midlands Police?
Individuals have various rights:
The most commonly exercised right is used by individuals to request in writing, subject to exemptions, a copy of their personal information processed by West Midlands Police. Details of the application process, known as 'Subject Access' can be found in the WA162 form.
Right to prevent processing likely to cause damage or distress
Under Section 10 of the Act an individual is entitled, in limited circumstances, to write to West Midlands Police requiring that we do not handle their personal information in a manner that was causing, or would be likely to cause, unwarranted substantial damage or substantial distress to themselves or another person.
These requests must describe the personal information involved and describe the handling to which the individual objects.
It must state that the handling was causing, or was likely to cause, substantial damage or substantial distress to him,her or another. It should describe the unwarranted damage or distress and give reasons why the handling was causing or would cause distress.
All requests may be sent in writing to the Data Protection Unit, West Midlands Police. It is worth noting that the Act includes certain provisions which may mean in a particular case we can continue to handle the personal information as intended despite the objection.
Right to Prevent Processing for the Purposes of Direct Marketing
Although we do not engage in direct-marketing a person has the right to request in writing that West Midlands Police stops, within a reasonable time, or does not start, using their personal information for direct marketing purposes.
This includes the communication by any means (e.g. mail, email, telephone, door-to-door canvassing) of any advertising or marketing material directed at particular individuals. Any requests may be sent to the Data Protection Unit, West Midlands Police.
Rights in relation to automated decision-taking
Although we are unlikely to carry out any automated decision-taking that does not involve some human element, a person has the right to require that West Midlands Police ensures that no decision that would significantly affect them is taken purely using automated decision-making software.
The right has to be exercised in writing. If there is a human element involved in the decision making the right does not apply. Requests may be sent to the Data Protection Unit, West Midlands Police.
Right to take action for compensation if the individual suffers damage by any contravention of the Act by data controllers
Anyone who believes they have suffered damage and/or distress as a result of any contravention of the requirements of the Act may be entitled to compensation from West Midlands Police if we are unable to prove that we had taken such care as was reasonable in all the circumstances to comply with the relevant requirement.
Any claim for compensation may be sent to the Legal Services Department, West Midlands Police, PO Box 52, Birmingham B4 6NQ.
Right to take action to rectify, block, erase or destroy inaccurate data
You have the right to seek a court order for the rectification, blocking, erasure or destruction of the inaccurate personal information handled by us. The right cannot be exercised directly to West Midlands Police.
Right to request the lnformation Commissioner to assess a data controller's processing
You can request the lnformation Commissioner to make an assessment if you believe that you have been adversely affected by the handling of personal information by West Midlands Police. Such requests should be made direct to the lnformation Commissioner.
Generally, if you have any concerns regarding the way your personal information is handled by West Midlands Police or the quality (accuracy, relevance, non-excessiveness etc.) of your personal information they you should raise these with the Data Protection Unit, West Midlands Police.
The lnformation Commissioner is the independent regulator responsible for enforcing the Act and can provide useful information about the Act's requirements.
The lnformation Commissioner's Office may be contacted using the following:
The lnformation Commissioner's Office
Telephone: 0303 123 1113 or 01625 545745 Monday to Friday between 9am and 5pm