UK GDPR Complaints procedure

Making a complaint

This section outlines who can file a complaint, how to do so, and which complaints are covered by this procedure.

Who a complaint can be made by

Anyone whose personal data has been processed by Kirklees Council can make a complaint if they believe that their information has not been managed in accordance with the law.

You may also make a complaint on behalf of someone else if you have their written permission or legal authority to do so, please note that we may request evidence of this.

What issues can be complained about

You may submit a complaint if you believe Kirklees Council has:

• Not responded fully or in part to your Data Subject Rights requests including Subject Access Requests.
• Disclosed your data without an appropriate legal basis.
• Maintained inaccurate or outdated information about you.
• Retained your data longer than necessary and/or specified.
• Used your data for purposes other than those originally stated.
• Failed to ensure the security of your data or take adequate protective measures.
• Not upheld your data protection rights.

How to make a complaint

You can submit your complaint in any of the following ways:

• By email: DPO@kirklees.gov.uk .
• By post: FAO Data Protection Officer, Information Governance Team, Kirklees Council, PO Box 1720, Huddersfield, HD1 9EL.
• By phone: Call 01484221000 and ask for Information Governance (please note that we will need to take a contact email or postal address to provide you with a response).

Please include:

• Your full name and contact details.
• A clear description of your concerns.
• Any relevant dates or reference numbers.
• Copies of any supporting documents (please do not send originals).

Complaints process

The UK GDPR complaints process has three steps. After each step, we will let you know what to do next if you are still unhappy with the result.

We aim to resolve your concerns quickly, but sometimes a full investigation may take longer. We will keep you informed of our progress and give you an expected date for our reply.

Stages of the complaints process

When this complaints process is not appropriate

Not a UK GDPR complaint

Sometimes, when we review complaints, we find that they are not mainly about data protection issues. In such cases, this procedure may not be the best way to resolve your complaint.

Kirklees Council also has a corporate complaints process, which could be more suitable: Complain to the council. The Information Governance Team can still provide support for any data protection issues included.

When we may not use the full complaints process

The council complaints process is a free service for individual complainants, but we have to ensure we offer value for money. We also don't want to make the process unduly difficult for people to use.

Occasionally we may decide to progress a complaint more quickly through the complaints process meaning one of the stages are missed. There are a number of reasons why this may happen:

• If it is immediately obvious your complaint should be considered by the Data Protection Officer (where the complaint may start at stage two).
• If it is clear the situation has not been caused by a council error and fault is unlikely to be found, we may advise you to contact the ICO earlier (skipping stage two).
• On rare occasions, the council will conclude at an early point in the process where it is deemed that a full investigation is unlikely to provide any further information about the situation or provide you with the outcome you are seeking. In such instances, you will receive a full reply explaining this and the reasons why.

What to expect throughout the complaints process

This procedure ensures that UK GDPR complaints are reviewed and addressed promptly. The outcome may not always be what you expect, but please be assured that complaints are considered impartially and in accordance with legislation, policies, and best practice guidelines.

Freedom of information and environmental information request complaints

Complaints in relation to a Freedom of Information (FOI) or Environmental Information Request (EIR) are managed outside of this process. You can find out more at Freedom of information.