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Complaint Handling process and Forms

 

Introduction

The GDPR sets out the information that you should supply and when individuals should be informed about how you plan to use their personal data. The information you supply is determined by whether or not you obtained the personal data directly from individuals and how their data will be processed.

In addition, data subjects have specified rights regarding the use, storage, transfer, and processing of their data. This includes:

  • Individuals have the right to access their personal data and supplementary information.
  • The right of access allows individuals to be aware of and verify the lawfulness of the processing.
  • The GDPR gives individuals the right to have personal data rectified. Personal data can be rectified if it is inaccurate or incomplete.
  • The right to erasure is also known as ‘the right to be forgotten’.
  • Individuals have a right to ‘block’ or suppress processing of personal data.
  • The right to data portability allows individuals to obtain and reuse their personal data for their own purposes across different services.
  • Right to object to processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);
  • Right to object to direct marketing (including profiling); and
  • Right to object to processing for purposes of scientific/historical research and statistics.
  • Right to object to automated individual decision-making (making a decision solely by automated means without any human involvement).
  • Right to object to profiling (automated processing of personal data to evaluate certain things about an individual).

These rights are embedded in GDPR and as such this organisation is committed to responding to any complaint regarding these rights, professionally, openly, and promptly.

The data subject can also submit a Subject Access Request this process is defined in the SAR Process document.

 

 

Template Complaint Form

You should complete this form if you want to complain about how we store, process, or otherwise handle your data. We respect all your rights under GDPR and will respond promptly to any request. We will also provide you with information about any processing of your personal data that is being carried out, the retention periods which apply to your personal data, and any rights to rectification, erasure, or restriction of processing that may exist.

We will endeavour to respond promptly and in any event within one month of the latest of the following:

  • Our receipt of your written request; or
  • Our receipt of any further information we may ask you to provide to enable us to comply with your request.

The information you supply in this form will only be used for the purposes of identifying the personal data you are requesting and responding to your request. You are not obliged to complete this form to make a request, but doing so will make it easier for us to process your request quickly.

SECTION 1: Details of the person making the complaint

Full Name
Address
Contact Phone Number
Email Address

 

SECTION 2: if you are the data subject

To ensure we are releasing data to the right person we require you to provide us with proof of your identity and of your address. Please supply us with a photocopy or scanned image (do not send the originals) of one or both of the following:

1) Proof of Identity: Passport, photo driving licence, national identity card or birth certificate.

2) Proof of Address: Utility bill, bank statement, credit card statement (no more than 3 months old); current driving licence; current TV licence; local authority tax bill, HMRC tax document (no more than 1 year old).

If we are not satisfied you are who you claim to be, we reserve the right to refuse to grant your request.

SECTION 3: If you are acting on behalf of the data subject:

In order to respond to this request, you need to enclose the data subject’s written authority and proof of the data subject’s identity and your own identity.

Acceptable forms of ID include:

1) Proof of Identity: Passport, photo driving licence, national identity card or birth certificate.

2) Proof of Address: Utility bill, bank statement, credit card statement (no more than 3 months old), current driving licence, current TV licence, local authority tax bill, HMRC tax document (no more than 1 year old).

If we are not satisfied you are who you claim to be, we reserve the right to refuse to grant your request.

Data Subject’s Details

Full Name
Address
Contact Phone Number
Email Address

 

SECTION 4: What is the nature of your complaint?

Please describe your complaint including any relevant details you think will help us to identify the information you require.

In addition, please specify if you want information about any of the following:

  • Why we are processing your personal data
  • To whom your personal data are disclosed
  • The source of your personal data

Please note that if the information you request reveals details directly or indirectly about another person we will have to seek the consent of that person before we can let you see that information.

Complaint / Information Requested

 

In certain circumstances, where disclosure would adversely affect the rights and freedoms of others, we may not be able to disclose the information to you, in which case you will be informed promptly and given full reasons for that decision.

If the information you seek is in the form of video images captured by our CCTV security cameras please let us know.

While in most cases we will be happy to provide you with copies of the information you request, we nevertheless reserve the right, in accordance with Article 12 of the GDPR to charge a fee or refuse the request if it is considered to be “manifestly unfounded or excessive”. However we will make every effort to provide you with a satisfactory form of access or summary of information if suitable.

SECTION 5: Agreement

I confirm that I have read and understood the terms of this complaint form and certify that the information given is true. I understand that it is necessary to confirm my / the data subject’s identity and it may be necessary to obtain more detailed information in order to locate the correct personal data.

Signed………………………………………… Date ……………..

 

Template Complaint Response Form

Martian Marketing

15 Paternoster Row

%Today’s date%

Dear %Name of Data Subject%

Re: Complaint Reference %COMPLAINT REFERENCE NUMBER%

Thank you for your letter of %DATE OF COMPLAINT%. We have investigated your complaint and find the following.

Complaint Response / Information Requested

 

Yours faithfully,

Martian Marketing

 

Template Complaint Log

Complete the following table to track complaints and responses:

COMPLAINT NUMBER DATE RECEIVED DATA SUBJECT ID CONFIRMED RESPONSE VERIFIED RESPONSE RETURNED RESPONSE DAYS TOTAL

 

End of document.

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