Request personal data

Information about requesting personal data for individuals and organisations

Requests for disclosure of personal data from Individuals

Individuals have the right to access and receive a copy of their personal data, and other supplementary information held by Westmorland and Furness Council.  This is commonly referred to as a subject access request or ‘SAR’.

Subject Access Requests can be made verbally or in writing, including via social media. You can find information about this under 'how to make a Subject Access Request'.

Data Subjects can make requests themselves, or ask another person to do it on their behalf i.e. child (under 12), attorney, litigation friend. In these circumstances the council will need to see evidence of permission to request the data of another person and it should be emailed at the same time as the request is submitted.  Failure to provide evidence may result in delays with handling your request or it being declined.

In most cases the council does not charge a fee for handling Subject Access Requests, it can however charge a fee:

  • where a request is repeated to cover administrative costs
  • where a request is manifestly unfounded or excessive

In some circumstances, the council may refuse to handle Subject Access Requests where they are vexatious, manifestly unfounded or excessive.

Please be aware that the council may seek evidence of your identity and clarification of your request to assist with the identification of relevant information.

Once your request has been accepted, the council will:

  • provide a response within one calendar month (where possible)
  • inform you if your request cannot be responded to within one calendar month, as it is complex or you have submitted more than one request (the deadline for providing a response can be extended by up to a further two months)
  • conduct reasonable searches for the requested information
  • inform you if information is exempt from disclosure
  • provide a response via secure email unless an alternative format has been requested

How to submit a Subject Access Request

If you would like to submit a request or you would like assistance with submitting a request, please contact us:

By post:  Data Protection Team, Legal and Democratic Services, Westmorland and Furness Council, South Lakeland House, Lowther Street, Kendal, Cumbria LA9 4DQ

By email:  subjectaccess@westmorlandandfurness.gov.uk 

Requests for disclosure of personal data from the Police and other agencies

Competent authorities such as the Police, Government departments including HMRC and other Local Authorities or Public Bodies acting under regulatory powers can request the release of personal information held by the Westmorland and Furness Council for specified purposes.

Whilst we may be able to release information under Schedule 2, Part 1 of the Data Protection Act (DPA) 2018, this does not give an automatic right of access to information. The Act states that public bodies can assess the merits of requests and decide whether or not to apply the exemption.

There is no obligation on the Council to disclose information even in cases where the exemptions apply. If the Council have genuine concerns about releasing any personal information (for example, it may have other legal obligations such as the information being confidential) then we may ask for a court order requiring release of the information.

Recipients will become the data controller in respect of any personal information that is disclosed to them pursuant to a request. Therefore, the recipient must adhere to all relevant data protection legislation in handling of the disclosed personal information.

Organisations wishing to request disclosure of personal information held by the Council must complete the correct request form. For the Police, the Authorising Officer must be ranked Police Inspector or higher and for other ‘relevant bodies’ a Senior Manager.

We are prepared to accept an email from the authorising Inspector, attaching the disclosure request stating clearly that they are authorising the form if there are circumstances where a handwritten/wet signature on the form cannot be obtained.

Please note: if the form has not been fully completed and authorised, you will be asked to resubmit the request. Where the Council does not have enough detail to decide whether disclosure is necessary, the application will be refused. We will notify you if we do not hold the requested information or if your request for disclosure is refused.

The purpose of the form(s) is to enable the Council to respond to requests for the disclosure of personal data by providing the necessary information to locate the data in question. It also allows us to make an informed decision concerning the request for release of the information.

Information can be requested under the Data Protection Act 2018 (previously s29 DPA 1998) under the following:

Schedule 2 Part 1, Paragraph (2)(1) Crime and Taxation

Requests to access personal data can be made without the consent of the Data Subject for the purposes of:

  • prevention or detection of crime
  • the apprehension or prosecution of offenders
  • the assessment or collection of a tax or duty or an imposition of a similar nature

To submit a request under the DPA 2018 Schedule 2, Part 1(2) please:

  1. complete the Application Form - Schedule 2, Part 1 (2) Data Protection Act 2018 (Crime and Taxation) (DOC , 285KB)
  2. ensure the form is authorised by an Officer ranked Police Inspector or higher and for other ‘relevant bodies’ a Senior Manager.
  3. email the form to dataprotection@westmorlandandfurness.gov.uk 

Schedule 2 Part 1, Paragraph (5) (1-3) information required to be disclosed by law or in connection with legal proceedings

Schedule 2 Part 1, Para (5) (1-3) of the Data Protection Act 2018 allows the Council to disclose personal information where it is required for legal proceedings. Applications for disclosure of information relating to civil cases are considered on a case-by-case basis.

To submit a request under the DPA 2018 Schedule 2 Part 1, Para (5) (1-3) please:

  1. complete the Application Form - Schedule 2 Part 1 Paragraph 5 (1-3) Data Protection Act 2018 – Legal Proceedings (DOC , 284 KB)
  2. ensure the form is authorised by an Officer ranked Police Inspector or higher and for other ‘relevant bodies’ a Senior Manager
  3. email the form to dataprotection@westmorlandandfurness.gov.uk 

If you have concerns about how personal data is being used by the council please contact the Data Protection Officer dataprotection@westmorlandandfurness.gov.uk 

Records relating to St Monica's, Kendal

Westmorland and Furness Council transferred any records held within its internal Records Management Service to the Diocese of Carlisle on Wednesday 28 February 2024. If anyone thinks they, or a relative, spent time at St Monica’s and would like to find out more, they can get in touch with Ali Ng, Head of Human Resources and Governance:

Email: ali.ng@carlislediocese.org.uk 
Post: Church House, 19-24 Friargate, Penrith Cumbria, CA11 7XR