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Your data rights

The new UK data protection law changed as of 25 May 2018, the same day the EU's General Data Protection Regulation (GDPR) comes into force.

A key area of change in the new Data Protection Act relates to individuals rights. The law refreshes existing rights by clarifying and extending them and introduces new rights such as the “right to be forgotten”, the “right to restriction of processing” and the “right to data portability”. However your information rights will be dependent on the reason why and how the data was collected and why it is being used.

General Data Processing

The GDPR stipulates how general personal data should be processed. This is an EU piece of legislation that harmonises personal data processing across EU countries. General data is data which is processed for a reason not involving law enforcement or national security.

Your information rights in relation to personal data considered as “general data” are:

  • Right to be Informed  This places an obligation upon North Yorkshire Police to tell you how we obtain your personal information and describe how we will use, retain and store it, but also who we may share it with. We have written Privacy Notices to explain how we will use your personal information and tell you what your rights are under the legislation.
  • Right of Access  This is commonly known as subject access and is the right which allows you access to your personal data and supplementary information, however it is subject to certain restrictions.
  • Right to Request Rectification  You are entitled to have your personal data rectified if it is inaccurate and completed if it is incomplete.
  • Right to Erasure The right to erasure is also known as ‘the right to be forgotten’. This right enables you to request the deletion or removal of personal data where there is no compelling reason for its continued processing.
  • Right to Restrict Processing  Individuals have a right to ‘block’ or suppress processing of personal data. When processing is restricted, organisations are permitted to store the personal data, but not further process it.
  • Right to Data Portability  The right to data portability allows you to obtain and reuse your personal data for your own purposes across different services.
  • Right to Object  Individuals have the right to object to:
    • The processing of your personal data based on legitimate interests or the performance of a task in the public interest or exercise of official authority (including profiling);
    • The processing of their personal data for direct marketing (including profiling); and
    • The processing of their personal data for the purposes of scientific/historical research and statistics.
  • Rights Relating to Automated Decision Making  Automated individual decision making and profiling is a decision made by automated means without any human involvement. You have the right not to be subject to a decision based solely on automated profiling, except in certain circumstances or where we have gained your explicit consent to do so.
  • Right to complain to the Information Commissioner 

To view the restrictions to Information Rights, please click here

Should you wish to learn more about how to make Information Rights Request please click here 

Law Enforcement Processing

The new law provides instruction on which organisations can process data for law enforcement purposes. These organisations are referred to as “competent authorities”.

North Yorkshire Police are a “competent authority” and can lawfully process personal data for law enforcement purposes. How data should be processed for law enforcement purposes is documented in Part 3 of the UK Data Protection Act 2018.

Law enforcement purposes are considered as prevention and detection of crime, investigation, detection or prosecution of criminal offences, the execution of criminal penalties or the safeguarding against and the prevention of threats to public security.

Your information rights in relation to your personal data processed for law enforcement purposes are:

  • Right to be Informed  This places an obligation upon North Yorkshire Police to tell you how we obtain your personal information and describe how we will use, retain and store it, but also who we may share it with. We have written Privacy Notices to explain how we will use your personal information and tell you what your rights are under the legislation.
  • Right of Access This is commonly known as subject access and is the right which allows you access to your personal data and supplementary information, however it is subject to certain restrictions.
  • Right to Rectification   You are entitled to have your personal data rectified if it is inaccurate and completed if it is incomplete. You can also request the deletion or removal of personal data where there is no compelling reason for its continued processing.
  • Right to Restriction  You have the right to request the deletion or removal of your personal data and/or the right to ‘block’ or restrict the processing of your personal data where there is no compelling reason for its continued processing.
  • Rights Relating to Automated Decision Making  Automated individual decision making and profiling is a decision made by automated means without any human involvement. You have the right not to be subject to a decision based solely on automated profiling, except in certain circumstances or where we have gained your explicit consent to do so.
  • Right to complain to the Information Commissioner  

To view the restrictions to Information Rights, please click here 

Should you wish to learn more about how to make Information Rights Request please click here