Right to erasure

People have the right to request the destruction or erasure of their personal data under data protection laws.

Personal data is information that enables the identification of a living individual. However, this right only applies in certain circumstances:

• we no longer need the data for its original purpose
• your data is being processed with your consent and you are withdrawing that consent
  • please note that any consent given before 28 May 2018 may no longer be valid as Data Protection Law changed on that date
• you object to us processing your data and we have no legitimate basis for the processing
• we are using your data for direct marketing purposes and you object to that purpose
• we are processing your data unlawfully
• to find out why and how your information is being processed, visit our privacy notice page on the internet or ask the relevant service for their privacy notice 
• we must erase your data to comply with a legal obligation.
• the data we hold was provided to you when you were a child to offer information society services

How do I apply for my data to be considered for erasure?

If we have information about you that meets the criteria mentioned above and you want it to be erased, you can ask us to do so. You can apply to any Wakefield Council office as follows:

• in person
• by telephone
• in writing by email, or by letter

Complete our form and provide the information requested to speed up the erasure process.

We'll need to verify your identity before erasing your information, so please provide one item from each list below: 

Proof of Identity

• Passport
• Photo Driving Licence
• National Identity Card
• Birth Certificate

Proof of Address

• recent utility bill
• recent bank statement
• recent credit card statement

If the ID documents you provide are not enough, we may need more information from you.

Please do not send original documents. A photocopy or scanned image is acceptable. If you wish to email your application and proof of ID, you can do this securely by using our secure email facility.

Requests on behalf of someone else

If you are acting on behalf of someone else, we will need the written authorisation of the person who the data is about, along with proof of their ID as well your own.

Is erasure of my data guaranteed?

No. We must keep some information for a specific time period as required by law. We will be unable to erase information if one of the following exemptions will apply.

If processing is necessary

• to exercise the right of freedom of expression and information
• to comply with a legal obligation
• for the performance of a task carried out in the public interest or in the exercise of official authority
• for archiving purposes in the public interest, scientific research, historical research or statistical purposed where erasure is likely to render impossible or seriously impair the achievement of that processing
• for the establishment, exercise, or defence of legal claims

In addition, if the request is:

• manifestly unfounded (obvious that it is not based on fact),
• is excessive, or;
• is repetitive in nature
• we can refuse to comply with a request or charge you a fee

When will I receive a response to my application?

We aim to respond promptly and within one month of the following:

• our receipt of your request and adequate proof of identification, or;
• our receipt of any further information/clarification we may ask of you to enable us to consider your request

Which ever happens to be latter.