Complaints about data protection
Under the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR), you have the right to complain if you believe that we have not handled your personal information lawfully, fairly or transparently.
You can use the information on this page to make a data protection complaint regarding either Stockton-on-Tees Borough Council or the Electoral Registration Officer (ERO) and Returning Officer (RO) for the Council.
A data protection complaint allows you to raise concerns directly with us so that we can investigate and, where necessary, put things right.
This procedure explains:
- what a data protection complaint is
- how to make a complaint to us
- what we will do when a complaint is received
- what you can do if you remain dissatisfied
What is a data protection complaint?
A data protection complaint is raised when someone believes an organisation has infringed data protection law in the way it has handled personal data.
The following are examples of issues that may give rise to a data protection complaint:
- concerns about how personal data has been collected or used
- dissatisfaction with the way we have responded to a subject access request or another data protection rights request
- concerns that personal information is inaccurate or out of date
- concerns that information has been kept longer than necessary
- concerns that personal data has been disclosed or shared incorrectly
- concerns about data security, including being affected by a personal data breach
- concerns that data protection rights have not been respected
You do not need to use legal language or refer to legislation when making a complaint. We will consider any clear expression of concern about how personal data has been handled as a data protection complaint.
If your complaint relates primarily to service delivery or customer experience, rather than how personal data has been handled, we may deal with it under a different complaints procedure, although we will still handle any associated data protection rights requests appropriately.
If you are unsure whether your concern is a data protection complaint, please contact us at foiandcomplaints@stockton.gov.uk and we will help to clarify.
How to make a data protection complaint
You can make a data protection complaint to the Information Governance team by emailing foiandcomplaints@stockton.gov.uk or by post to the following address:
Information Governance Team
Corporate Services
Stockton-on-Tees Borough Council
Dunedin House
Columbia Drive
Thornaby
Stockton-on-Tees
TS17 6BJ
When contacting us, please:
- explain what your concern is
- tell us how it relates to your personal information
- include any dates or reference numbers, if you have them
This will help us investigate your complaint more effectively.
What we will do when we receive a data protection complaint
When we receive a data protection complaint, we will:
- acknowledge receipt of the complaint within 30 days
- investigate the complaint without undue delay, which may include making enquiries with relevant staff or requesting further information from you
- keep you informed, where appropriate, while the investigation is ongoing
- provide you with a written outcome without undue delay explaining our decision and any actions we have taken or plan to take
If you remain dissatisfied
If you are unhappy with our response to your complaint, or believe we have not handled your complaint appropriately, you have the right to complain to the Information Commissioner's Office (ICO).
The ICO is the UK's independent authority responsible for upholding information rights.
You can make a complaint to the ICO online, by phone, or by post.
- online complains form
- phone the ICO helpline on 0303 123 1113
- post details of your complaint to the following address:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Chesire
SK9 5AF
The ICO will usually expect you to raise your concern with the Council first before they consider your complaint.
