What rights do I have?

The GDPR includes a number of rights that are more extensive than those in the Data Protection Act 1998. We must generally respond to requests in relation to your rights within one month, although there are some exceptions to this.

The availability of some of these rights depends on the legal basis that applies in relation to the processing of your personal data, and there are some other circumstances in which we may not uphold a request to exercise a right. Your rights and how they apply are described below.

 

Right to be informed

Your right to be informed is met by the provision of this privacy notice, and similar information when we communicate with you directly – at the point of contact.

 

Right of access

You have the right to obtain a copy of personal data that we hold about you and other information specified in the GDPR although there are exceptions to what we are obliged to disclose.

A situation in which we may not provide all the information is where in the opinion of an appropriate health professional disclosure would be likely to cause serious harm to your, or somebody else’s physical or mental health.

 

Right to rectification

You have the right to ask us to rectify any inaccurate data that we hold about you.

 

Right to erasure (‘right to be forgotten’)

You have the right to request that we erase personal data about you that we hold. This is not an absolute right, and depending on the legal basis that applies, we may have overriding legitimate grounds to continue to process the data.

 

Right to restriction of processing

You have the right to request that we restrict processing of personal data about you that we hold. You can ask us to do this for example where you contest the accuracy of the data.

 

Right to data portability

This right is only available where the legal basis for processing under the GDPR is consent, or for the purposes of a contract between you and the Trust. For this to apply the data must be held in electronic form. The right is to be provided with the data in a commonly used electronic format.

 

Right to object

You have the right to object to processing of personal data about you on grounds relating to your particular situation. The right is not absolute and we may continue to use the data if we can demonstrate compelling legitimate grounds.

 

Rights in relation to automated individual decision-making, including profiling

You have the right to object to being subject to a decision based solely on automated processing, including profiling. Should we perform any automated decision-making, we will record this in our privacy notice, and ensure that you have an opportunity to request that the decision involves personal consideration.

 

Right to complain to the Information Commissioner

You have the right to complain to the Information Commissioner if you are not happy with any aspect of the Trust’s processing of personal data or believe that we are not meeting our responsibilities as a data controller. The contact details for the Information Commissioner are: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, SK9 5AF.

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