Data Protection complaints

You have the right to complain if you are unhappy with how we have handled your personal information.

We take all data protection concerns seriously and will investigate them fairly, thoroughly and without undue delay

What is a data protection complaint?

You can make a data protection complaint if you believe the Council has not handled your personal data correctly.

Examples include concerns about:

• how we have used your personal information
• how your information has been shared
• retaining your personal information for longer than necessary
• personal data breaches

If your complaint includes both data protection and service issues, we will decide which complaints process is most appropriate.

Complaints that primarily relate to service delivery will be dealt with under the Corporate Complaints procedure.

Time limit for making a data protection complaint

We will normally accept complaints made:

• within 12 months of the matter you are complaining about, or
• within 12 months of the date you became aware of it.

We may consider complaints made outside this period where there is a good reason for the delay.

If we decide not to accept your complaint, we will explain why. We will also tell you about your right to complain to the Information Commissioner's Office (ICO).

What to include in your data protection complaint

To help us investigate your concerns as quickly and effectively as possible, please provide:

• your name and contact details
• a clear description of your complaint, including the Council service, team or area involved
• relevant dates
• copies of any relevant correspondence or supporting evidence
• the outcome you are seeking

If you are making a complaint on behalf of someone else, you must provide evidence that you have authority to act for them. This could be a signed consent form or a valid power of attorney.

How to make a data protection complaint

You can make a complaint directly to the Information Rights team:

• Email: dp@cheshireeast.gov.uk
• Post: Data Protection Officer, Information Rights Team, Floor 3, Delamere House, Delamere Street, Crewe, CW1 2LL

If you cannot make your complaint in writing, or need a reasonable adjustment, contact us. We can help you make your complaint another way, such as by telephone.

How we will handle your data protection complaint

A member of the Information Rights Team will investigate your complaint.

When we receive your complaint, we will:

• acknowledge your complaint within five working days
• request any further information we require as soon as possible
• consider the issues raised and make appropriate enquiries
• provide a written outcome without undue delay and normally within one calendar month of receiving your complaint
• keep you informed if we are unable to provide a response within this timeframe, including explaining the reasons for the delay and providing a revised response date

Our response will explain:

• the steps we have taken to investigate your complaint
• whether we believe we have complied with data protection legislation
• any action we have taken, or will take, as a result of our investigation.

For information about how we process your personal data when handling complaints, see the Information Rights team privacy notice

If you are not happy with our response

If you are dissatisfied with the outcome of your complaint, you can ask for a stage 2 review. 

Email dp@cheshireeast.gov.uk within 1 calendar month of receiving our initial response.

Explain why you are dissatisfied with the outcome and any additional information you would like us to consider.

If you remain dissatisfied

If you remain dissatisfied following the outcome of the Stage 2 Review, you have the right to raise your concerns with the Information Commissioner's Office (ICO).

• Website: Make a complaint to the Information Commissioner's Office
• Phone: 0303 123 1113