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Get your data deleted

Your right to get your data deleted

In some circumstances you can ask for your personal information to be deleted. Under the Data Protection Act, this is known as the right to erasure and you may sometimes hear it called the right to be forgotten. You can only ask us to delete your information where:

  • your personal information is no longer needed for the reason why it was collected in the first place
  • you have removed your consent for us to use your information (where there is no other legal reason us to use it)
  • there is no legal reason for the use of your information
  • deleting the information is a legal requirement

We can’t delete your information where:

  • we are required to retain it by law
  • it is used for freedom of expression
  • it is used for public health purposes
  • it is for, scientific or historical research, or statistical purposes where it would make information unusable
  • it is necessary for exercise or defence of legal claims

How to get your data deleted

To exercise your right you should inform us what you want erased.

A request can be verbal or in writing. We recommend you follow up any verbal request in writing because this will allow you to explain your concern, give evidence and state exactly what you need. It will also provide clear proof of your request if you decide to challenge our response.

Before you begin

In most cases, we will need to verify your identify before we can proceed with your request. When we do need to you will need to provide two copies of ID to confirm who you are. You will be shown a list of which ID is accepted when you apply.

If you are making a request on behalf of another person, you will also need to provide their ID and their permission for you to act as their representative.

Make an individual rights request

  • By post: Data Protection Officer, Cheshire West and Chester Council, The Portal, Wellington Road, Ellesmere Port, CH65 0BA

How much will it cost?

There is no charge for making a request.

How long will it take?

We will respond to your request within one calendar month, unless you have made more than one request or the enquiry becomes complex. When this occurs your request can take an extra two months to complete.

What if I am unhappy with your response?

If you are unhappy with how we handled your request, you can use one of the methods below to highlight your concerns:

  • Online: Contact the DPO
  • By post: Data Protection Officer, Cheshire West and Chester Council, The Portal, Wellington Road, Ellesmere Port, CH65 0BA

Having done so, if you remain unhappy you can make a complaint to the Information Commissioner’s Office (ICO).

You can also seek to enforce your rights through the courts. If you decide to do this, we strongly advise you to seek independent legal advice first.