You have certain rights in relation to the personal information we hold about you.
Where personal data has been collected as part of a criminal investigation or enforcement work then this data is not subject to the general data protection rights above. Whilst Birmingham City Council Planning Authority is in possession of your personal data as part of a criminal investigation then data subjects have, under Part 3, Chapter 3 of the Act, the following individual rights:
- the right to be informed;
- the right of access;
- the right to rectification;
- the right to erasure or restrict processing; and
- the right not to be subject to automated decision-making.
Under the GDPR and the DPA 2018, certain rights such as the right to object and the right to data portability do not exist in Part 3 of the Act. Further, there are exemptions and restrictions that can, in some circumstances, be legitimately applied to prevent individuals from exercising rights.
Subject access rights and the rights to rectification, erasure and restriction do not apply to the processing of ‘relevant personal data’ in the course of a criminal investigation or criminal proceedings. ‘Relevant personal data’ means personal data contained in a judicial decision or in other documents relating to the investigation or proceedings which are created by or on behalf of a court or other judicial authority.
Access to ‘relevant personal data’ is governed by the appropriate legislation covering the disclosure of information in criminal proceedings, such as (in England and Wales) the Criminal Procedure and Investigations Act 1996.