Guidance

Privacy notice Freedom of Information requests and Subject Access requests

Updated 14 November 2024

This notice sets out how we will use your personal data, and your rights. It is made under Articles 13 and/or 14 of the UK General Data Protection Regulation (UK GDPR)

Your data

Purpose

The purposes for which we are processing your personal data are to:

• record and respond to freedom of information requests and data subject requests received by the IPO
• provide cross-government advice, support and co-ordination in responding to freedom of information requests

The data

We will process the following personal data:

• your name
• address
• email address
• your request

We may also process other personal information if you volunteer it.

In responding to subject access request, we may process any data on you held by the IPO.

Legal basis of processing

In relation to responding to freedom of information and data subject requests, the legal basis for processing your personal data is that it is necessary to comply with a legal obligation placed on us as the data controller.

In relation to providing cross-government advice, support and co-ordination in responding to freedom of information requests, the legal basis for processing your personal data is that processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller. In this case the task is providing advice, support and co-ordination in responding to freedom of information requests.

Sensitive personal data is personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. Although we do not collect any sensitive personal data, we may process this in responding to a subject access request. We may also process data about criminal convictions in responding to a subject access request.

The legal basis for processing your sensitive personal data, or data about criminal convictions, is that processing is necessary for reasons of substantial public interest for the exercise of a function of the Crown, a Minister of the Crown, or a government department. The function is meeting our legal obligations to answer subject access requests.

Recipients

In relation to freedom of information requests, your data may be shared with other government departments and public bodies. This is in order that we can provide cross-government advice, support and co-ordination in responding to freedom of information requests.

Retention

Your personal data will be retained in accordance with the IPO’s data retention and disposal policies.  A copy of the retention and disposal policy can be obtained from kim@ipo.gov.uk.

Where personal data have not been obtained from you

Your personal data were obtained by us from another government department or public body to whom you made a freedom of information request.

Your rights

Under data protection law, you have rights including:

• Right of access - You have the right to ask us for copies of your personal information
• Right to rectification - You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete
• Right to erasure - You have the right to ask us to erase your personal information in certain circumstances
• Right to restriction of processing - You have the right to ask us to restrict the processing of your personal information in certain circumstances
• Right to object to processing - You have the right to object to the processing of your personal information in certain circumstances
• Right to data portability - You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances

If you make a request to exercise any of these rights, you should contact the Data Protection Officer at the IPO; details of which are at the bottom of this notice.  If you contact us, we have one month to respond to you. You do not have to pay anything for exercising your rights.

These are not absolute rights, and the IPO can use its discretion to refuse to comply with these rights if there are legitimate grounds for the processing your personal data which override the interests, rights and freedoms of the individual, or the processing is for the establishment, exercise or defence of legal claims.

International transfers

As your personal data is shared with other government departments and public bodies it may be transferred and stored securely outside the European Union. Where that is the case it will be subject to equivalent legal protection through the use of Model Contract Clauses.

Contact details

The Data Controller for your personal data is the IPO.

You can contact the IPO’s Data Protection Officer if you:

• have a question about anything in this privacy notice
• think that your personal data has been misused or mishandled

Email: dpo@ipo.gov.uk

Data Protection Officer
Intellectual Property Office

Concept House

Cardiff Road

Newport

South Wales

NP10 8QQ

The Data Protection Officer provides independent advice and monitoring of Intellectual Property Office’s use of personal information.

Complaints

If you consider that your personal data has been misused or mishandled, you may make a complaint to the Information Commissioner, who is an independent regulator. The Information Commissioner can be contacted at:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 0303 123 1113

E-mail: casework@ico.org.uk

Any complaint to the Information Commissioner is without prejudice to your right to seek redress through the courts.