Introduction

The Data Protection Act 1998 came into force 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. They say that 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 EEA without adequate protection

Subject Access - how do you access information about yourself?

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

This is commonplace for people applying for visas to visit foreign countries or during the process of emigration.

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. This service is not a pre-employment vetting service and applicants wishing to apply for subject access as a condition of employment will be directed to the Criminal Records Bureau or Disclosure Scotland for the Disclosure Services afforded by these organisations.

Should you wish to know what information (if any) Suffolk Constabulary holds about you, or you would like confirmation that you do, or do not have a prosecution/conviction history, you can apply to:

Data Protection Team
Suffolk Constabulary
Police Headquarters
Martlesham Heath
Suffolk
IP5 3QS

Email: dataprotection@suffolk.pnn.police.uk
Tel: 01473 613927/ 613514

Please complete one of the following forms to enable your information to be processed more effectively and efficiently:
Subject Access 1091(a) (pdf) - opens in a new window

Subject Access 1091(b) (pdf)  - opens in a new window

Payment of a £10 fee and proof of identification must also be provided. Please note that once we have received your completed application the process to provide you with information can take up to 40 days. For people considering applications for information to use in civil proceedings please carefully read the important notice below.

Important notice for people when applying for personal information under the Data Protection Act 1998

The Data Protection Act provides a right in law for individuals to be advised whether, and what, information an organisation is processing about them. In replying to applicants, Suffolk Constabulary pays due regard to the exemptions from this general right of access and may decline to provide such information where one or more of the following circumstance apply:

1. The release of the information could lead to the identification of another individual to whom Suffolk Constabulary have a duty of confidence.
Explanatory note: 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.

2. Information being processed for the prevention or detection of crime or the apprehension or prosecution of offenders.
Explanatory note: We will not release intelligence about an individual under these provisions if doing so could undermine Suffolk Constabulary’s fight against crime.

3. Paper/manual records being processed, 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 Suffolk Constabulary 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.

It should also be noted that 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 this legislation 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 discovery are generally more appropriate.

When requesting information it will help us to assist you if you can tell us what the information you are seeking relates to.

Data Protection

In this section you will find details of your right to access the information that we hold. This is broken down into two sections, each covered by the Acts of Parliament detailed below.

The Data Protection Act 1998 came into effect on 1st March 2000 and provides individuals with a right of access to information that may be held about themselves.

This is called subject access. It is a qualified right of access, which does not extend to certain types of information including information that might identify other individuals whose data is held under a duty of confidence.

For further details of how to apply for subject access, please see the Access to Information pages.

Police Certificates

Individuals requiring Police Certificates for the purposes of applications for emigration, visas, work permits or residency in Australia, Canada, New Zealand, the United States of America and South Africa should download the application form for an ACPO Police Certificate from the ACPO website.

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, who can be contacted through the following routes:

• Telephone: 0845 6013999 (during their office opening hours of 8:30-16:30, Monday to Friday) / (International callers: 0044 1962 871111)
• E-mail: customer.services@acro.pnn.police.uk
• Write: ACRO (SAO), PO Box 623, Fareham, PO13 9HR

Please do not return this application form to Suffolk Constabulary.

Disclosure Scotland

http://www.disclosurescotland.co.uk/

Helpline 0870 609 6006
Fax 0870 609 6996
or write to:
Disclosure Scotland
PO Box 250
Glasgow
G51 1YU

CRB/Notifiable Occupations

A CRB check is normally requested by an employer if an individual will be working with children or vulnerable adults, please go to http://www.crb.gov.uk for more information.