Data Protection Complaints
Under section 164A of the Data Protection Act 2018 (DPA 2018), data subjects can make a complaint to Eastleigh Borough Council (“the Council”) if they consider that there has been an infringement of UK GDPR or the DPA 2018 in connection with their personal data.
To make a data protection complaint to Eastleigh Borough Council, please contact us via email at [email protected] or in writing to:
Data Protection Complaints
Eastleigh Borough Council
Eastleigh House
Upper Market Street
Eastleigh
SO50 9YN
Data subjects do still retain the right to lodge a complaint with the Information Commissioner, however they will advise that complaints should be directed to the Council in the first instance.
When lodging a data protection complaint, please ensure you provide sufficient information to allow us to carry out appropriate enquiries. You do not need to use technical data protection terminology in your complaint, however making it clear that you are lodging a data protection complaint will ensure that this is promptly identified and handled accordingly.
If you have multiple complaints that you wish to lodge with the Council, and a data protection complaint is one of those, it may assist us if the data protection complaint is submitted separately to clearly differentiate this from your other complaints. There is however no obligation to do so.
To ensure we are satisfied of the identity of any individuals making a data protection complaint, we may request suitable identification documents.
If you are making a complaint on behalf of another individual, for example you are a family member or a solicitor, we will require evidence that you are authorised to act on their behalf. We will request this if suitable evidence is not provided at the point a complaint is made. Examples include:
- An appropriate power of attorney; or
- A signed letter of authority from the person you are acting on behalf of.
We will acknowledge receipt of a data protection complaint within a period of 30 days as per the DPA 2018 and Information Commissioner’s Office (ICO) guidance.
If it is unclear what your data protection complaint is about, we will contact you to seek additional information or clarification as necessary. We may also ask you to clarify if there is a particular outcome that you are seeking.
The Council will aim to provide a response to a data protection complaint within 30 days. The day after the complaint is received will be considered the first day (“Day 1”). If the target day for a response (“Day 30”) falls on a weekend or a public holiday, the target date will instead move to the next working day.
If we need to seek additional information or clarification to assist us with your data protection complaint, the 30 day target will not commence until this information has been received.
Upon receipt of a data protection complaint, the Council will make appropriate enquiries as required. The extent of these enquiries will depend on the circumstances of the data protection complaint.
Depending on the complexity and extent of a data protection complaint, we may not be able to meet the 30 day target but will continue to work to provide a response without undue delay. We will continue to liaise and update you if this is the case.
Upon completion of our enquiries and investigations we will inform you of the outcome and of any actions that we have or intend to take.
If you are dissatisfied with the outcome of your data protection complaint, you have the right to lodge a complaint with the ICO. There is no process by which the Council will review the outcome of a data protection complaint.
If you have any questions or other data protection queries or concerns, please contact the Information Governance team at [email protected].