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Data Protection Act - Information about people

Data Protection Act 2018

The Data Protection Act governs how we use, manage and disclose personal information. 

Personal information is any information or data which relates to an identifiable living individual.

An individual has a right to access their personal information held by a Data Controller under the Data Protection Act 2018. Under this Act individuals have the right to obtain:

  • confirmation that their data is being processed;
  • access to their personal data; and
  • other supplementary information relating to the processing of their data

Under the Act you are only entitled to receive your own personal information. Any information which relates to a third party will be redacted (removed) from disclosure before being provided to you.

Occasionally, we may have to deny access to information where disclosure may prejudice the prevention and detection of crime. For example, if a case is still being investigated, we can choose not to provide information if doing so would affect the investigation or any subsequent criminal proceedings.

How to apply for my information under the Data Protection Act 2018

The process of applying for information held about you by a Data Controller is called a subject access request.

Dependant on the type of information you wish to have access to, the process for making a subject access request will vary.

What type of information do you require?

“I would like a copy of my criminal record”

If you require a copy of your Criminal Convictions History including arrests, criminal convictions, cautions, juvenile reprimands, final warnings, non-convictions and no further action (NFA) outcomes or a letter confirming that no information is held about you on the Police National Computer (PNC), you will need to complete the ACRO SAR 1 form. This form can be obtained from ACRO Criminal Records Office (ACRO) by calling 02380 479920 or from the ACRO Criminal Records Office website:

https://www.acro.police.uk/Subject_Access_Online.aspx

The above link will take you to an online application service provided by ACRO.

You should not apply to Nottinghamshire Police for this information.

“I need a DBS certificate for work”

Certain kinds of employment which involve working with children or vulnerable adults will require a DBS check to be conducted. These checks will be done through the employer and are dealt with by the Disclosure and Barring Service.

If you have any questions about this process you should contact the Disclosure and Barring Service using the above link.

“I need a Police Check for employment purposes”

If you require a disclosure for employment purposes, and you live in England, Scotland or Wales, please contact the following for assistance:

England and Wales: Disclosure and Barring Service (DBS) https://www.gov.uk/request-copy-criminal-record

Scotland: Disclosure Scotland www.mygov.scot/disclosure-types/

Northern Ireland: AccessNI via their website www.nidirect.gov.uk/campaigns/accessni-criminal-record-checks

Certain employers and organisations such as recruitment agencies may attempt to exploit the subject access process by requiring individuals to use it to obtain a copy of their criminal convictions (or evidence that there is nothing held) as part of recruitment or continuing employment processes.

This practice is known as enforced subject access as covered by Section 177 of the Data Protection Act 2018. It is a criminal offence for a current or prospective employer or recruitment agency to require an individual to make a subject access request as a condition of employment or for the provision of goods or services.  They should instead be using the existing formal criminal records check arrangements operated by the Disclosure and Barring Service, Disclosure Scotland or Access Northern Ireland.

“I need a Police Certificate for emigration or VISA purposes”

A number of embassies now ask applicants to obtain police certificates to support applications for emigration or visa entries into some countries. These include Australia, Bahamas, Belgium, Canada, Chile, New Zealand, South Africa and the United States of America.

Nottinghamshire Police does not provide these certificates.

If you need to obtain such a certificate, you should contact the ACRO Criminal Records Office (ACRO) using the below link:

Apply for access to information about convictions, cautions, and juvenile cautions and reprimands held on the police national computer (PNC) via the ACRO website.

This takes you to an online application service provided by ACRO.

“I require information about myself which is held by Nottinghamshire Police”

If you would like to access information held about you by Nottinghamshire Police then you will need to make a subject access request to us.

This type of information could include copies of statements you have made to us or copies of records relating to incidents in which you have been involved and which have occurred in Nottinghamshire. If you have been involved in incidents in other county areas then you will need to make your request to the Police Force which governs that area.

Before we can process your request we have to verify your identity to ensure that you are entitled to receive the information being requested. This is applicable in all cases.

You will need to ask us for the specific information that you require.

We have a subject access form which you can use to request information from us. This form contains all the details you will require in order to make your request and ensure that it is processed properly. The guidance notes attached to the form will walk you through what you need to supply to us in order for us to provide the requested information.

The form is available here http://www.nottinghamshire.police.uk/document/apply-access-information-held-nottinghamshire-police%E2%80%99s-systems-subject-access-request-form

Alternatively, we can email or post a copy of this form to you. See our contact details below.

You should complete the above form and return to us along with your identity documents (copies only – please do not send originals) as detailed in the guidance notes. You can do this either by emailing the form and documents to us at: data.protection@nottinghamshire.pnn.police.uk or through the post to the below address:

Nottinghamshire Police,
Information Management Dept,
Sherwood Lodge,
Arnold,
Nottingham,
NG5 8PP

You can also drop your completed form and copies of identity documents off at your nearest manned Police Station Front Counter and ask them to send it through to us at Information Management. Please note that this facility is not available at the Force Headquarters.

You can also drop your completed form and copies of identity documents off at your nearest manned Police Station Front Counter and ask them to send it through to us at Information Management. Please note that this facility is not available at the Force Headquarters.

You do not have to complete the above form in order to make a subject access request but in all cases, we will need to validate your identity before providing disclosure to you so you should provide copies of your identity documents in any correspondence you send to us which asks for access to your personal information.

In the majority of cases, there will be no charge for providing this information. In a small number of cases we can ask that you pay a fee if your request is particularly excessive or ‘manifestly unreasonable’ or we can choose not to respond. If this is the case, we will always notify you before making disclosure to you.

You can choose to receive your disclosure in a number of ways. If choosing to receive your disclosure via email or by collecting it in person from a manned Police Station Front Counter, disclosure will usually be free of charge. If you elect to receive your disclosure via mail, then please be advised that this will be sent to you via special delivery and you will be asked to pay the postage costs (minimum of £6.20).

A response to your subject access request will usually be made within one month of receiving it. In some cases we can extend this deadline by an additional 2 months if we require more time due to the complexity of the request. We will always notify you within the initial month if we require extra time to complete your request.

Our Policy regarding Subject Access Requests is available to view here;

“Can I request information about my child?”

A parent may is not automatically entitled to receive information about a child. Dependant on the age and competence of the child, they may be able to make their own subject access request. Children aged 12 or over are generally considered to be able to make their own subject access request provided that they are able to understand their rights and exercise them under the Act. We may ask that parents making requests on behalf of children under the age of 12 provide proof of parental responsibility before we consider processing the request.

Records Deletion

In certain exceptional circumstances, you can request that information held about you be removed prior to the defined retention period. More information about this process is available via the below link:

http://www.nottinghamshire.police.uk/sites/default/files/documents/files/Wording%20for%20website.pdf

Fair Processing Notice

https://www.nottinghamshire.police.uk/document/record-processing-activity

Privacy Notice

https://www.nottinghamshire.police.uk/document/privacy-notice

Frequently Asked Questions - Data Protection

http://www.nottinghamshire.police.uk/faqs/data-protection

Privacy Notice

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Privacy Notice

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Apply for access to information held on Nottinghamshire Police’s systems (Subject Access Request Form) - G520a

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You can use this form to request a check for information held about you on Nottinghamshire Police local information systems and paper records. This will include records such as incident reports of calls made to the control room, crime reports, statements etc.

The form should be printed and completed following the instructions which are on the form. Please contact the Data Protection Office on 101 for any advice.

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