Subject Access Requests made in 2020 – compliance, delays and DPA 2018 breaches

SJA Grove made this Freedom of Information request to West Lothian Council This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dear West Lothian Council,

Under FOISA 2002 please provide the following information recorded on your systems relating to Data Protection Act 2018 Subject Access Requests received by the council in the period 1 January 2020 to 31 December 2020 i.e. all of the year 2020.

1. The total number of Subject Access Requests that were responded to in the statutory 30 day time limit.
2. The total number of Subject Access Requests that were responded to after the statutory 30 day time limit but within three (3) months, with the delay being either a lawful exemption (under the Data Protection Act 2018) being applied or the Data Protection Act 2018 being breached.
3. The total number of Subject Access Requests that had not been responded to after the three (3) months time limit, with the delay being either a lawful exemption being applied or the Data Protection Act 2018 being breached.

Yours faithfully,

SJA Grove

Customer Service, West Lothian Council



 

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Customer Service, West Lothian Council

Thank you for emailing the Customer Service Centre.  Due to the high
volume of email traffic recently we may take longer than our 24 hour
response. Should you require a quicker response please call us on 01506
280000 or use our on-line form facility at
[1]www.westlothian.gov.uk/report

 

Regards

Customer Service

[2]Please remember to wash your hands. 20200807

This message, together with any attachments, is sent subject to the
following statements:

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contain legally privileged information. The contents are
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Unauthorised recipients are requested to preserve this
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2. It does not constitute a representation which is legally
binding on the Council or which is capable of constituting
a contract and may not be founded upon in any proceedings
following hereon unless specifically indicated otherwise.

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West Lothian Council

DATA LABEL: Official (Sensitive)

Dear SJA Grove

Information Request

Our Reference: -101006931921

Thank you for your recent request for information which has been logged
and transferred to the appropriate Service Information Liaison Officer
(ILO) who will provide a response within the appropriate timeline shown
below:

Freedom of Information - 20 working days
Environmental Information Requests - 20 working days
Subject Access Requests (Data Protection Act) - 28 calendar days

Should the ILO require further information to process your request then
they will contact you directly. If you require any further assistance then
please do not hesitate to contact us.

Kind Regards

Ann-Marie

Customer Service

Tel: 01506 280000
Email: [email address]
Web: www.westlothian.gov.uk

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This message, together with any attachments, is sent subject to the
following statements:

1. It is sent in confidence for the addressee only. It may
contain legally privileged information. The contents are
not to be disclosed to anyone other than the addressee.
Unauthorised recipients are requested to preserve this
confidentiality and to advise the sender immediately.
2. It does not constitute a representation which is legally
binding on the Council or which is capable of constituting
a contract and may not be founded upon in any proceedings
following hereon unless specifically indicated otherwise.

http://www.westlothian.gov.uk

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West Lothian Council

15/02/2021

Dear What do they know

Freedom Of Information

Reference no. 101006931921

I refer to your request for information dated 03rd February 2021.

Please find below our response to your request.

QUESTIONS:
1. “The total number of Subject Access Requests that were responded to in the statutory 30 day time limit.”
2. The total number of Subject Access Requests that were responded to after the statutory 30 day time limit but within three (3) months, with the delay being either a lawful exemption (under the Data Protection Act 2018) being applied or the Data Protection Act 2018 being breached.
3. The total number of Subject Access Requests that had not been responded to after the three (3) months time limit, with the delay being either a lawful exemption being applied or the Data Protection Act 2018 being breached.

ANSWERs:
1. Number of Subject Access Requests responded to within 30 days - 106
2. Number of Subject Access Requests responded to between 30 days and 90 days* - 30
3. Number of Subject Access Requests responded to greater than 90 days* - 8

*To calculate 3 months we have used 90 days.

You are free to use the information supplied in this response for your own non-commercial research or private study purposes. The information may also be used for any other purpose allowed by a limitation or exception in copyright law, such as news reporting. Any such use must be in context and must not be misleading. Any other type of re-use, for example by publishing the information in analogue or digital form, including on the internet or commercial use, will require the permission of the intellectual property owner and copyright owner.

Further details as to how to apply to re-use information supplied by us can be found on our website at www.westlothian.gov.uk/freedom-of-inform...

If you have any complaint about the Council's handling of your request for information, you may require the Council to review its actions and decisions in relation to this response. Please write, within 40 working days from the receipt of this information, to Carol Johnston, Chief Solicitor, West Lothian Council, West Lothian Civic Centre, Howden South Road, Livingston EH54 6FF (Telephone: 01506 281605, email: [email address]). The request should be in writing, email or other permanent format and should state your name, address and specify the original request for information and the reason for your dissatisfaction.

In the event that you have not received a response to your request within 20 working days (allowing time for postage), or if you are dissatisfied with the outcome of the Internal Review, a further right of review exists to the Scottish Information Commissioner. You can apply online: www.itspublicknowledge.info/Appeal or in writing to the Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St. Andrews, Fife, KY16 9DS (01334 464610; email [email address]).

You can apply to the Commissioner for a decision on the manner in which the Council has dealt with your request. The application must be submitted within six months after the date of receipt by you of the outcome of the Internal Review or in the event of the Council failing to comply with the Internal Review within six months of the expiry of the time period for compliance. The application should be in writing, email or other permanent format, state your name, address and the reason for your dissatisfaction with the original response and internal review. Should you then wish to appeal against the Commissioner's decision, there is a right of appeal to the Court of Session on a point of law only. Any such appeal must be made within 42 days after the date of intimation of the Commissioner's decision.

Yours Sincerely

Carol Dunn

West Lothian Council

DATA LABEL: OFFICIAL - Sensitive

In accordance with our Corporate Policy you may be contacted shortly to obtain your views on how we handled your request.

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This message, together with any attachments, is sent subject to the
following statements:

1. It is sent in confidence for the addressee only. It may
contain legally privileged information. The contents are
not to be disclosed to anyone other than the addressee.
Unauthorised recipients are requested to preserve this
confidentiality and to advise the sender immediately.
2. It does not constitute a representation which is legally
binding on the Council or which is capable of constituting
a contract and may not be founded upon in any proceedings
following hereon unless specifically indicated otherwise.

http://www.westlothian.gov.uk