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Data Protection Subject Access

Introduction

The Data Protection Act 1998 gives individuals certain rights. It allows us to find out what information is held about us on computer and sometimes paper records. This is known as a 'Right of Subject Access'.

It also states that those who record and use personal information must be open about how the information is used and they must follow the eight data protection principles of good practice, which are:

  • Processed fairly and lawfully
  • Processed for limited purposes
  • Adequate, relevant and not excessive
  • Accurate and up-to-date
  • Not kept longer than necessary
  • Processed in accordance with the data subject's rights
  • Secure
  • Not transferred to countries outside the EEA without adequate protection

Fair Processing Notice

What is 'Personal Data'?

Personal Data is defined as information relating to a ‘living' individual who can be identified either from the information itself or indirectly by combining the information with other data available to the data controller. Personal data includes expressions of opinion about the individual and any indication of intentions anyone may have in respect of the individual.

Your Rights

Subject to certain exemptions you have a right to be told whether any information is held about you and a right to a copy of that information. You DO NOT have the right to any information that identifies someone else, or the right to information that is not your personal data.

How to access your records - Subject Access

The Subject Access Provisions of the Data Protection Act give an individual the right to have a copy of any personal data held on them.

Section 7 of the Data Protection Act 1998 states that a 'data subject' (the person about whom the personal data refers) is entitled, upon written request, to be informed whether or not personal data is held or processed about them.

If you would like to know what information Northamptonshire Police holds about you on the local systems, you must complete a Subject Access Form (Form 164). The form can be accessed at the bottom of this webpage.

If you require information from the Police National Computer surrounding your Prosecution, Conviction and Caution History, please download and complete this form instead of using the online application. Refunds will no longer be given for completion of the incorrect form online. If you have any questions, please call 101 and ask for the Information Unit.

Proof of identification and payment of £10 must accompany a completed application form.

Please note that once we have received your completed application it can take up to 40 days to receive a response.

Employment Applications

This service is not a pre-employment vetting service and applicants wishing to apply for subject access as a condition of employment should refer to the following link: www.disclosurescotland.co.uk or telephone 0870 6096006

If you are or intend to work with children or vulnerable adults contact the Disclosure and Barring Service on 0870 9090811 or visit: www.homeoffice.gov.uk/dbs

Emigration Applications

Emigration applications usually require your 'Prosecution/Conviction History' record as held on the Police National Computer.

Please note it can take up to 40 days to receive a response.

Australia, Canada, New Zealand, South Africa, Bahamas, Chile, Belgium and the United States of America require people emigrating from the UK to have a Police Certificate (as opposed to Subject Access) before they can be awarded a visa. These certificates are provided by the ACPO Criminal Records Office (ACRO).

For more information please contact ACRO Customer Services

Telephone: 0845 60 13 999 (international callers: 0044 1962 87 1111)Email: customer.services@acro.pnn.police.ukWebsite: www.acro.police.uk

Or write to ACRO at the following address enclosing a stamped address envelope.

ACROPO Box 481FarehamHampshire PO14 9HR

Evidence of Character

Police Forces within the United Kingdom DO NOT issue documents described as ‘certificates of good conduct' or ‘Police Clearance Certificates'. Nor do they provide other evidence of good character. It should therefore be noted that to exercise your rights under the Subject Access Provisions of the Data Protection Act 1998 would NOT provide you with a certificate of this nature.

The Chief Officer's Rights

The Chief Officer of Police may deny access to information where the Act allows. The Act provides exemptions in relation to information held for:

  • The prevention or detection of crime;
  • The apprehension or prosecution of offenders;
  • The interests of national security;

where disclosing that information to you would be likely to prejudice any of these purposes.

More Information

These notes are only a guide. The law is stated within the Data Protection Act 1998. Further information may be obtained from:

Information Commissioner's OfficeWycliffe House Water Lane Wilmslow Cheshire SK9 5AF

Telephone: 01625 545740

If you have any difficulty completing this form or require any other assistance please contact Northamptonshire Police, Information Unit on 101 or email dataprotection@northants.police.uk

 

 

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