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8. Frequently Asked Questions

Freedom of Information

What is the purpose of the Freedom of Information Act?
To give the public greater access to information about the workings of government and public bodies.

What rights does the Act provide?
The Freedom of Information Act 2000 gives two related rights:
The right to be told whether the information exists, and
The right to receive the information (subject to exemptions).

When did the Act come into force?
The Individual Right of Access came into effect on 1st January 2005.

What is a Publication Scheme?
A publication scheme provides details of what information is proactively provided by organisations and details of how to obtain that information? Public authorities have to adopt and maintain a Publication Scheme. The publication scheme for Nottinghamshire Police can be found here.

Do I have to pay for any of the information included in the Publication Scheme?
There are currently no charges for information contained within the Publication Scheme.

What if I want some information that is not included in the Publication Scheme?
If you require information not provided within the publication scheme, you can submit a Freedom of Information Request. Please click here for details.
  
Does the Act only apply to records created from 1st January 2005?
No, the Act is fully retrospective.

Will I be able to obtain personal information about myself under the Act?
No, Section 40 of the FOI Act exempts any information that constitutes personal data.

Requests for personal information will be dealt with in accordance with the Data Protection Act, see Subject Access Request

Who ensures that Nottinghamshire Police complies with the Act?
The Information Commissioner is responsible for ensuring that all public authorities comply with the Act. See Data Protection and Freedom of Information Advice - ICO

Data Protection

Do I have to complete a subject access request and let my employer see it?
Though the Data Protection Act makes this an offence, it has yet to be introduced in law by the Government. So currently no specific offence is commited by employers making this demand.

Should I comply with my employer's request?
Nottinghamshire Police do not support this course of action by employers However, there is nothing we can do until the law is changed to make it unlawful. There is a suitable alternative available through Disclosure Scotland, which some major employers are already using.

What is Disclosure Scotland?
Disclosure Scotland is available to anyone within the UK. Disclosure Scotland is government approved agencies that provide suitable reports for employers showing any relevant convictions. The reports exclude any convictions classified as 'spent' as they should not be relevant to an employment agreement. Find out more by visiting the Disclosure Scotland website.

How can I tell if a conviction is 'spent'?
Convictions normally have a life span after which they do not need to be disclosed to employers. The life span is directly linked to the punishment imposed by the court and therefore varies depending on the sentence. For more information and advice, visit the NACRO website (National Association for the Care and Resettlement of Offenders) or call 020 7582 6500.

Can I make a subject access request to get information on someone else's criminal record?
No. If you make a subject access request it can only be about yourself.

I have been asked to get a 'Memorandum of Conviction' by an embassy. How do I get one?
A 'Memorandum of Conviction' is a court record. If you know the date you attended court, you can request this directly from the court. If you don't know the date you can make a Subject Access Request through the Data Protection Team. If you live outside of the UK, make the request to the local police force in the area where you were last resident.

I made a subject access request but have lost the result. Can I get a duplicate?
Only if less than 40 days have passed since the original reply was sent. Records can change over time (be added to or deleted) so a duplicate may not be useful. Another fee will have to be paid.

I've made a subject access request but haven't received a reply yet. What should I do?
We have up to 40 days from the date we receive the request to give an official response. If 40 days have passed and you haven't heard anything, please email data.protection@nottinghamshire.pnn.police.uk If there are any problems with your request we will contact you immediately.

I need to get proof that I don't have a criminal record. How do I get this?
The process is just the same whether you have a criminal record or not. You will need to make a Subject Access Request.

I need to prove that my driving licence is clean. How do I do this?
Although the police issue fixed penalty notices which can result in fines and endorsements, the records are kept by the Driver and Vehicle Licensing Authority (DVLA). Visit the DVLA website to find out more about the release of information about yourself. A small fee may be charged.

I am applying for a job and I'm not sure whether I have to declare my convictions
This will depend on what sort of job you are applying for, how old your convictions are and what type of convictions you have. Whilst many application forms ask people to 'declare all convictions or cautions', unless an exemption applies, you have the right to withhold information about spent convictions and cautions. But remember, the period of time the records are held on police computers may exceed the rehabilitation or 'spent' period. Even if the record has been removed from police records, it may still be held on record by the courts or your conviction may be an exception. You can get further advice about your own personal circumstances from NACRO.

My insurers want me to get a copy of Police reports to support a claim. How do I get hold of them?
Most insurance companies are now signatories to an agreement with police forces that allow direct disclosure of certain information by the police (but only with the consent of the victims involved). The information that can be disclosed includes: basic crime details; complaint and investigating officer's details; crime assessment and how the crime is being investigated (where the information will not compromise a police investigation); victim details (applicant only) and property items. Please note: offender details will only be provided at the discretion of Nottinghamshire Police, if it is proven that the information is needed for legal proceedings or a court order has been obtained. Please contact your Insurance Company and ask them to apply by way of the ACPO / Association of British Insurers, Memorandum of Understanding.

I would like to know what other information (other than convictions) is held about me by Nottinghamshire Police. How can I find out?
Submit a Subject Access Request making it clear what you want to know. As well as using the Police National Computer, Nottinghamshire Police holds a variety of information about individuals on different systems. For example, you may be recorded as a victim of crime, a witness, an offender or a firearm certificate holder. If an incident happened in another part of the country, you would need to contact the relevant police force and make another subject access request.

How can employers vet their staff?
If you employ people who will have unsupervised access to children or other vulnerable people, you should contact the Criminal Records Bureau on 0870 9090811 or visit the CRB website. You will be able to get information on how checks can be made and plans for expanding the service in the future.