Data Protection Act Subject Access
Data Protection Act Subject Access
For further information please read our how to apply guide.
Individual right of access
The Data Protection Act 1998 gives all persons the right of access
to personal information about themselves. Any person making a
request in writing can be expected to be supplied with a copy of
that information. There are certain exemptions that may prevent an
authority from releasing information, but in these circumstances an
explanation will be given to the requestor.
All requests are made in the following manner:
- The requestor must be living or have lived in Sussex in the last five years (we will accept applications from persons living abroad if their last U.K. address was in Sussex, beyond the five year limit).
- All requests must be made in writing - this can be done using a standard form available on the web site or from any police station in Sussex.
- The requestor must outline what information they are requesting and where they think it is likely to be found.
- Simply stating that a requestor wants 'all information held' is not enough. The standard application forms will assist requestors in this process by asking a few simple questions.
- Proof of identification must be supplied.
- Proof of current address must be supplied.
- A standard fee of £10 is charged for every request.
- Before you make a Subject Access request it is important to bear in mind that there are exemptions to this right of access. For example, Sussex Police may decline to provide such information in certain circumstances.
Personal Data
Information requested using the Data Protection Act will only be
disclosed if:
- It meets the definition of personal data (or information), that is information about or concerning the data subject (person whom the information is about). Information that contains a brief mention of a person may not be defined as personal data.
- The information is part of a relevant filing system. A relevant system is defined as a method of filing information in a way that it can be easily identified either by a persons name or some other identifier ( for example a number). This applied to both electronic computer files and paper files.
- The release of the information could lead to the identification of another individual to whom Sussex Police have a duty of confidence.
- For example: this will often be where the recorded information involves more than one individual, e.g. a crime report identifies both a victim and suspect/offender. The offender will not normally be given personal details of victims and vice versa.
- Information being processed for the prevention or detection of crime or the apprehension or prosecution of offenders.
- For example: we will not release information about an individual under these provisions if doing so could prejudice Sussex Police's fight against crime.
- Paper/manual records, these could include investigation files.
Explanatory note: Whilst the searching of electronic records can normally be completed using automatic search tools, searching for hand written records cannot and Sussex Police will often need to be advised where such information is held before they can accept such a request. Even where such paper records can be located if the cost of reviewing and releasing the information would be likely to exceed £450 then it is outside the right of access granted by Parliament.
Release of personal information under this legislation is limited to information 'relating to the applicant.' It does not give a person access to information relating to other individuals. Information not relating to the applicant will be edited out.
Information released under the Subject Access provisions allows individuals to satisfy themselves that where information is being processed about them, it is accurate, it is not excessive and it is not being kept longer than necessary. It is, therefore, unlikely that this method will be an appropriate way to obtain information about others, nor is it likely to be suitable for individuals considering, or taking, legal action against an individual or organisation. In such circumstances the normal legal channels of disclosure are generally more appropriate.
How to apply
For further information please read our how
to apply guide. If you have any feedback please contact us
using the feedback facility or write to:
The Data Protection Disclosure Officer
Corporate Development Department
Police Headquarters
Malling House
Church Lane
Lewes
East Sussex BN7 2DZ
Enforcement
The Information Commissioner who has overall
responsibility for both FOI and Data Protection enforce the Data
Protection Act. You can find more information on both of these
subjects on their web site.