Introduction

This procedure sets out how we, Mole Valley District Council (MVDC), will deal with complaints relating to data protection under the UK GDPR and Data Protection Act 2018 (DPA).

What are data protection complaints?

Data protection complaints can be made if you consider that MVDC (or its wholly owned companies) has not handled yours or other people’s personal information in line with data protection legislation. This includes the following:

• the way we have responded to your subject access request (SAR), or other rights request;
• the security measures we have used to store your information (e.g. you may be someone who has been impacted by a data breach, regardless of whether the breach is reportable to the Information Commissioner);
• If your personal data has been inadvertently published on our website or social media channels;
• how we’ve collected or used your personal information (e.g. where we have stored it, how long we have kept it for, or its accuracy); or
• that we have used your personal information for a different purpose

How to make a data protection complaint

You can complain to us in any of the following ways:

• email foi@molevalley.gov.uk;
• call Customer Services on 01306 885001 and ask to speak to the Customer Care Officer;
• Write to us at The Customer Care Officer, Mole Valley District Council, Pippbrook, Dorking, Surrey RH4 1SJ; or
• Visit us at the address above

To make a complaint, you must tell us as much as you can about your reasons for complaining so that we can investigate properly. You may also need to provide us with two forms of identification to confirm your identity and address. Suitable examples include a copy of:

• Your driving licence
• Your birth certificate
• Passport
• A utility bill (or other) in the same name as the name of the requester to confirm your home address

In some cases, additional information may be required due to the sensitive nature of information held. We will tell you if this is required.

If you are making a complaint on behalf of someone else (because they are unable to complain themselves) we will also require either an appropriate power of attorney or a signed letter of authority from the person you are acting on behalf of.

Timeframe

We are required to acknowledge your complaint within 30 days.

We will investigate your complaint and respond without undue delay. We intend to be able to respond within 1 calendar month but in some cases – for example where complex issues are raised or a large volume of personal data needs to be reviewed – we may need longer, in which case we will tell you and keep you informed of progress.

If you are unhappy with how we have handled your complaint, you can then escalate it to the  Information Commission. They will have expected you to raise your complaint with us first and you will need to provide them with copies of our correspondence and explain why you remain dissatisfied. You can contact the Information Commission by calling the helpline on 0303 123 1113 or by visiting their website at www.ico.org.uk .

See Also: Complaints Policy

Privacy Notice: Mole Valley District Council (MVDC) is under a duty to release to Dorking Town Partnership Limited certain information about MVDC’s non domestic ratepayers in any proposed Dorking BID area.

The legal basis for this duty is set out in the Business Improvement Districts (England) Regulations 2004 (specifically Regulations 2 and 11).  A copy of the Regulations can be obtained on request from the Freedom of Information Officer.

Please email FOI@molevalley.gov.uk. 

Please note that additional personal information (the forwarding name, where provided, and also the forwarding address of ratepayers) has also been provided to Dorking Town Partnership Limited.

Data Protection Breach: Please note that the names, addresses and forward contact details of sole traders (and all other non domestic ratepayers) in the Dorking BID Proposal Areas were disclosed to Dorking Town Partnership Limited.

This disclosure amounted to a data protection breach on two counts; first the information was disclosed prior to the full conditions for processing (at Regulation 2) having been satisfied, and second, the forward contact details (insofar as they relate to personal information) are not required to be disclosed under the BID Regulations. The statutory conditions for processing have now been satisfied by Dorking Town Partnership (insofar as that is possible).  In the interests of transparency, however, we self reported the breach to the Information Commissioner, who has investigated the matter.

The Information Commissioners Office concluded its investigation and they found that whilst a breach was made no further regulatory action is required in this case and they now consider the matter closed.

The details of this decision can be obtained on request from the Freedom of Information Officer, please email FOI@molevalley.gov.uk.

Privacy Notice: Mole Valley District Council (MVDC) will be collecting the BID levy and forwarding the monies collected (less MVDC’s costs) to Dorking Town Partnership, which is the beneficiary of the levy funds. MVDC will also provide Dorking Town Partnership with personal information about levy payers. This information will be restricted to information about the amount of the levy for each levy payer, including the sums due and how much is outstanding for each property. In addition, Dorking Town Partnership will be provided with details of reminder notices issued by MVDC and Liability Orders (if any). Please refer to the Operating Agreement for full information about the nature of the disclosures.  MVDC considers that this processing complies with the first Data Protection Principle, which requires that all personal information is to be processed fairly and lawfully, because Dorking Town Partnership, being the beneficiary of the BID levy for Dorking, has a legitimate interest in being informed about individual payments and non payments, and action taken by MVDC to recover the Levy.

Any persons wishing to make a complaint to the Information Commissioner may do so in writing to The Information Commissioner’s Office, Wycliffe House, Water Lane Wilmslow Cheshire SK9 5AF or via the ICO website.