Frequently Asked Questions

Data Protection Act 1998

The Data Protection Act exists to place safeguards on personal information held about you by organisations such as Fareham Borough Council. The Act applies to computers and certain types of paper filing systems and gives rules for the way organisations treat personal information about you.

Fareham Borough Council uses a wide range of personal data to carry out its activities, and has its own set of rules, procedures and policies to ensure it complies with the law.

Our web pages explain the Council's policies concerning Data Protection, publish our current Notification (a description of purposes for processing personal data), outline the eight Data Protection Principles from the Act, and provide a form for making an official Subject Access Request (a request for personal information about yourself).

The Act and the Council's Data Protection Policy    A description of how the Act applies to Fareham Borough Council and its citizens.

Fareham's Data Protection Notifications    The Council's official notifications of "Purposes" to the Information Commissioner.

Details of Registration Number Z556962X, Data Controller, and Registration Number Z6721407, Data Controller, Electoral Registration Officer of Fareham Borough Council can be viewed at the Information Commissioner Data Protection public register (this is an external hyperlink).

The Eight Data Protection Principles    The key principles of the Data Protection Act.

Data Protection Subject Access Form  (79 Kb)  Use this form when making an official request for the data the Council holds about you. Print the form, fill it in, sign it, and send it to the Council with the £10 fee.

National Fraud Initiative     A description of how the Council is required to participate in the National Fraud Initiative and submit some of the data it holds to the Audit Commission for the prevention and detection of crime.

Frequently Asked Questions

What is the purpose of the Freedom of Information Act?
The purpose of the Act is to promote greater openness by public bodies, including local authorities such as the Borough Council. Individuals already have the right to access personal information about themselves under the Data Protection Act 1998. As far as public authorities are concerned, the Freedom of Information Act has now extended this right to allow the public access to all types of information held by the authority. One of the ways in which the Council aims to give the public access to information is by publishing and maintain a Publication Scheme.

Who can use the Act?
Anyone is entitled to make a request for information.

What sort of information can I seek access to?
You can apply for access to any information recorded in any form held by any of the wide range of bodies covered by the Act. This includes the right to seek access to actual documents and records held by the authority.

What is the Publication Scheme?
The Council''s Publication Scheme is simply a guide to the types of information that the Council will make available to the public as a matter of routine. As well as describing the types of information that the Council will make available, the scheme also indicates whether a charge is made and also the form in which the information is published.

How can I obtain the information contained in the Publication Scheme?
The Council''s Publication Scheme identifies which of the Council''s departments holds the information you are requesting.

What can I do if the information I want is not listed in the Scheme?
If the information is not available within the Publication Scheme, the information should be requested either by downloading and completing the ''Freedom of Information'' application form, by writing a letter or sending an e-mail.

How do I make a request for information?
Requests for information should be in writing and be clear enough to enable the Council to identify and locate the information requested. However, if we need further clarification from you in order to identify and locate the information requested, then we will tell you what clarification we require.

What happens if the Council doesn''t understand what information I want?
If the Council needs further clarification from you in order to identify and locate the information requested, then we will tell you what clarification is required. In those cases, the Council is not obliged to supply the information to you unless you give the further clarification that is requested.

If the Council refuses my application for information, will I be told why?
If the Council decides not to disclose the information that is requested, you are entitled to know why. The Council must give notice to you that the information is not being disclosed, must specify which exemption is being relied upon and, if it not obvious, explain why the exemption applies in that particular case.

The notice will give particulars of the Council''s procedures for dealing with complaints and of the right to apply to the Information Commissioner.

What are my rights if the Council refuses to disclose information I have requested?
The Council already has in place a procedure for dealing with complaints and applicants who consider that their request has not been handled properly may make a complaint through this procedure.

Where the outcome upholds the Council''s original decision, the applicant has the subsequent right to apply to the Information Commissioner''s Office, who will investigate the complaint and determine whether the request for information has been dealt with in accordance with the requirements of the Act. The Information Commissioner can be contacted at:

Information Commissioner''s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

Tel no: 01625 545 700
email: mail@ico.gsi.gov.uk

Can the Council charge for supplying me with the information?
If information is requested that is contained in the Council''s Publication Scheme, the Scheme identifies where a charge for providing that information. If the request is made under the provisions of the Freedom of Information Act, a fee will be charged which will be calculated according to the Government''s Fee Regulations.

Where such a fee is charged, it will be necessary for it to be paid in advance. If the fee is not paid within three months of the original request, the request will be considered lapsed.

How can I obtain information about myself?
Personal information relating to an applicant is exempt from the Freedom of Information Act. The right to know whether personal information is held, and if so, to have access to it is covered by the provisions of the Data Protection Act 1998.

Will other people be able to see personal information about me?
A great deal of the information which the Council holds is personal and private to particular individuals. The Freedom of Information Act 2000 does not deal with this. Therefore, the Freedom of Information Act does not, for instance, make public confidential information about an individual''s Council Tax payments, Benefits, tenancy and other arrangements with the Council. In other words, your private affairs and any business that you have with the Council as an individual is not the subject of the Act. The relevant legislation is the Data Protection Act 1998.