Service updates

Subject access request

Last updated

30 Mar 2023

Your data and your rights

Data protection legislation gives you the right to see personal information that the Council holds about you. To view this information, you can make a subject access request. This service is free.

Subject access request form

Making a request on behalf of another person

You can request personal data relating to someone else, but we may need to confirm that you can access it on their behalf.

If you are acting under a Power of Attorney the council need to see that document. If you are acting on behalf of a friend or family member, they will have to complete and sign a mandate form allowing you to act for them.

If you are a parent, you can access information about your own children under age 12. Children over age 12 are usually able to request data for themselves. We may ask you to provide a signed mandate form before we can disclose their personal data to you.

Download a subject access mandate form

Send your completed mandate form back to us with your request by email at dprequests@stirling.gov.uk or you can write to us at:

Records and Information Governance Team
Stirling Council
Viewforth
Stirling
FK8 2ET

What happens next?

The council normally respond to requests within one month. Complex requests can take up to three months. If the council will contact you if they need more information before they can process your request.

Your rights

You have the following rights under data protection laws. If you wish to make a request when exercising any of these rights, you may make that either verbally or in writing.

  • The right to be informed about how we collect and use your personal information, through privacy notices such as this. 
  • The right to request information we hold about you. This is known as a Subject Access Request and is free of charge. We must respond within one month, although this can be extended to three months if the information is complex. 
  • The right to rectification. You are entitled to have your information rectified if it is factually inaccurate or incomplete. We must respond to your request within one month. If we decide to take no action, we will tell you why and let you know about your right of complaint to the UK Information Commissioner.
  • The right to erasure. You have the right to ask us to delete your information or stop using it.  It will not always be possible for us to comply with your request, for example if we have a legal obligation to keep the information.  If we decide to take no action, we will tell you why and let you know about your right of complaint to the UK Information Commissioner.  
  • The right to restrict processing. You have the right to restrict how your data is processed in certain circumstances, for example if the information is not accurate. If a restriction is applied, we can retain just enough information to ensure that the restriction is respected in future. We must tell you if we decide to lift a restriction on processing.
  • The right to data portability. If we are processing your personal data with your consent, and it is held in a structured, commonly used, machine readable form, you have a right to ask us to transmit it to another data controller so they can use it.  This right does not apply if we process your personal data as part of our public task.  
  • The right to object. You can object to your information being used for profiling, direct marketing or research purposes. 
  • You have rights in relation to automated decision making and profiling, to reduce the risk that a potentially damaging decision is taken without human intervention. 

If you want us to amend or remove information

If you think the information is wrong or incomplete, you can ask us to change or remove it. We’ll respond to you within one month. It will not always be possible for us to comply with your request to remove information. We may have a legal obligation to keep it. For example, it might relate to a legal matter such as care proceedings.

If we decide to take no action, we’ll tell you why and let you know how to complain to the UK Information Commissioner.

Further information

The Information Commissioner's Office website provides information about your rights, including how you should expect us to respond to any requests.