Personal information we hold about you
Introduction
The Data Protection Act 1998 came into effect on 1 March 2000 and works in two ways. It gives individuals certain rights. It also says those who record and use personal information must be open about how the information is used and must follow the eight principles of 'good information handling'.
Principles
Anyone processing personal data must comply with the eight enforceable principles of good practice.
These principles state that personal data must be:
• 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 European Economic Area (EEA) without adequate protection.
Subject Access
The Subject Access provision of the Data Protection Act gives 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.
Should you wish to know what information (if any) Nottinghamshire Police holds about you, or you would like confirmation that you do, or do not have a prosecution/conviction history, you must complete a Subject Access application form.
Payment of a £10.00 fee and proof of identification must accompany a completed form.
An application form and covering note can be downloaded here or a copy can be request by email ([email protected]) or by writing to:
Data Protection
Nottinghamshire Police Headquarters
Sherwood Lodge
Arnold
Nottingham
NG5 8PP
Please note that once we have received your completed application the process to provide you with the information can take up to 40 days.
What records are you not entitled to see?
You may not normally see information that is about other people, unless they have given us permission for you to see it.
We may also withhold information if we are conducting any investigation into any case that you are involved or associated with and to disclose it would prejudice the investigation in any way.
However, we may be able to disclose the information once the investigation has been fully completed.
We may also withhold information where we claim that legal professional privilege can be maintained in legal proceedings.
You will generally be advised if such an exemption from disclosure applies.
How can you ask for information to be corrected if you think it is inaccurate?
If you consider that any of the information we have provided to you in response to your request is inaccurate, you should write to the Data Protection Officer.
that dealt with your case. You should set out the information you consider to be inaccurate and explain why.
We will require evidence to be provided in support of your request to amend information held on you. Therefore if you have any evidence that shows the information to be inaccurate, you must provide copies with your letter.
The Data Protection Officer will then review the information in question and will either arrange for it to be corrected or explain the reason(s) for deciding not to.
Requests for Police Certificates for Emigration Purposes
A number of Embassies now ask applicants to obtain police certificates to support applications for emigration. These certificates are obtained from ACRO and not Nottinghamshire Police.
These include AUSTRALIA, BAHAMAS, BELGIUM, CANADA, CHILE, NEW ZEALAND, SOUTH AFRICA and the USA.
ACRO offer two services; standard and a fast track service designed to cater for those wishing to obtain a Visa quickly. The turnaround time from successful receipt of the application to dispatch of the certificate is ten and two working days respectively. The standard fee is £35 and the fast track fee is £70.
To request a subject access check for Visa purposes relating to any of the above countries, you should use the ACRO Police Certificate application form which can be accessed via the ACRO website.
For further details and information about other countries, please contact ACRO on 0845 601 3999.
Please note that this Certificate is processed entirely by the ACPO Criminal Records Office (ACRO). All submissions and enquiries relating to this process should be directed to ACRO.
Visa Applications for All Other Countries
Those wishing to travel to all other countries must request a subject access check via their local police force.
Details for submitting a "Subject Access" request to Nottinghamshire Police can be found here.
Requests for Information for Employment Purposes
Nottinghamshire Police does not support this course of action by employers and does not provide PNC disclosures for employment vetting services. If you require a disclosure for employment purposes, please contact Disclosure Scotland on: 0870 609 6006 or via their website www.disclosurescotland.co.uk.
The current practice for companies to require individuals to exercise their rights under Subject Access provisions at section 7 of the Data Protection Act 1998, as a form of vetting, has been considered to be unlawful for many years and is against the spirit of the legislation.
When Section 56 of the Act is implemented, it will become a criminal offence for an employer to ask individuals, as a condition of employment, to go through this process.
Working with Children and /or Vulnerable Adults
If you are planning to work as a paid employee or as a volunteer for an organisation and your work will bring you into contact with children or vulnerable adults and have been asked to apply for a CRB check you must access the CRB website and follow their procedure.
