Skip to main content

Data Protection Privacy Notice : Freedom of Information Requests (FOIA) and Environmental Information Requests (EIR)

Service: Information Management

Processing Activity: Freedom of Information Requests (FOIA) and Environmental Information Requests (EIR)

The Data Controller, Mid Devon District Council, Phoenix House, Phoenix Lane, Tiverton, EX16 6PP.

Tel: 01884 255255

Email: customerservices@middevon.gov.uk

Mid Devon District Council (MDDC) is registered as a data controller with the Information Commission (registration number Z5826451).

The Data Protection Officer: email:dpo@middevon.gov.uk

What we collect and why

We process your personal data to:

  • Receive, log and respond to requests for information
  • Communicate with you about your request
  • Identify and retrieve the information you have requested
  • Consult internally and, where necessary, externally to determine whether information can be disclosed
  • Comply with our legal obligations under FOIA and the EIR
  • Monitor compliance, performance and service quality

What we will collect (list)

  • Your name
  • Your email address or postal address
  • The content of your request
  • Any additional personal data you choose to provide
  • Correspondence relating to your request

You are not required to provide a name to make a valid EIR request, but you must provide a contact email or postal address for correspondence.

Why the data is being processed and provide the lawful basis for

The lawful basis for processing your personal data is:

  • Article 6(1)(c) UK GDPR – processing is necessary to comply with a legal obligation

The relevant legal obligations are set out in:

Special category data

If you include special category data within a request (for example information about health, ethnicity or religious beliefs), no further processing will take place.

Environmental Information Requests (EIR) – additional information

If your request relates to environmental information, it will be handled under the Environmental Information Regulations 2004, even if you refer to the Freedom of Information Act.

Environmental information includes (but is not limited to):

  • The state of the environment (air, water, land, biodiversity)
  • Emissions, discharges and pollution
  • Planning, development and land use
  • Environmental health impactsThe EIR place a strong presumption in favour of disclosure, subject to specific exceptions, including Regulation 13 (personal data).

Who will receive and see the personal data

We may share your personal data:

  • With third parties where consultation is required to determine disclosure
  • With the Information Commission if a complaint or appeal is made
  • With the HM Courts and Tribunal Services if an appeal is disputed

We do not publish requester names or contact details when releasing information on the disclosure log.

Your personal information will be stored securely and will not be accessible to anyone else, including other services within the Council, unless detailed above.

Retention

All your personal information will be held by us only for as long as is necessary and then in accordance with any legal requirements imposed upon us and the MDDC’s retention schedule. For more information please go to our website to view our Retention Schedule.

Transferring personal information outside of the EU

Your personal information will not be transferred outside the EU or to any international organisations by the Council. It should be noted that the Council has no control over those accessing its online public registers nor what someone does with any information they obtain from them.

Your rights

Whatever our use of your personal information you have the right of access to that personal information (this means confirmation that we are using your personal information, access to it as well as other detail) and the right to seek rectification if the information is inaccurate.

As we are processing your personal data on the basis of public task and legal obligation, you have the right to object and to restrict processing.

Also, if you object to our use of your personal information and there is no overriding legitimate interest for us to continue using it or we have used your personal information unlawfully or it is no longer necessary for us to have the personal information, the right to erasure is also available to you.

Details on each of these rights and to how you exercise can be found on our website Here.  

Complaints

If you are unhappy with how the Council has handled your personal information, you have the right to make a complaint. In the first instance, you should contact the Data Protection Officer using the details below:

Data Protection Officer, Mid Devon District Council, Phoenix House, Phoenix Lane, Tiverton, EX16 6PP

Email: DPO@middevon.gov.uk

If you remain dissatisfied following your complaint to the Data Protection Officer, you have the right to lodge a complaint with the Information Commission (IC), the UK’s independent authority responsible for upholding information rights. The IC can be contacted using the details below:

Email: casework@ico.org.uk
Address: Information Commission, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
Telephone: 0303 123 1113