Data Protection Act - subject access

You are entitled to be informed whether or not personal data is held or processed about you. Under Section 7 of the Data Protection Act 1998 a ‘data subject' (the person about whom the personal data refers) is entitled to receive this information upon written request.

If personal data is being held or processed, the ‘data subject' is allowed to be given:

• A copy of the personal data held
• The reasons why the data is being held or processed
• Information as to what other bodies the information may be passed on to

However, some exemptions exist to prevent disclosing this information to you in certain circumstances. These can include for example:

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

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 disclosure are generally more appropriate.

Making a request

Download a pdf copy of the subject access form request to print off and complete.

Return completed forms to:

South Yorkshire Police Information Compliance Unit,
Unit 20,
Sheffield 35a Business Park,
Churchill Way,
Sheffield
S35 2PY

 

(PLEASE NOTE:- From the 1st January 2010, applications will only be accepted by post.  There will be no facility for accepting these applications at police premises.)

Guide to completing the subject access form.

If you have difficulty downloading or printing the form, please call 0114 2523070 and leave your name and address and we will send you a copy.

Should any advice or guidance be required in completing this application, please contact:

South Yorkshire Police, Information Compliance Unit, Unit 20, Sheffield 35a Business Park, Churchill Way, Sheffield S35 2PY

Telephone: - 0114 2921787 or 0114 2921788

Email: subjectaccess@southyorks.police.uk

Police certificates

Individuals requiring Police Certificates for the purposes of applications for emigration, visas, work permits or residency in Australia, Canada, New Zealand and the United States of America 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)

E-mail: acro.policecertificates@acro.pnn.police.uk

Address: ACRO, PO Box 481, Fareham, PO14 9FS

Please do not return this application form to South Yorkshire Police

If your employer has asked you to obtain a criminal record check

A subject access request is NOT a vetting/criminal record check.

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 committed by employers making this demand.

What information held by the Police might be disclosed for employment vetting purposes?

Please see link http://www.acpo.police.uk/acro/disclosure.asp

Should I comply with my employer's request?

South Yorkshire 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 illegal. 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 a government-approved agency that provides 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.

Disclosure Scotland, P.O. Box 250, Glasgow GS51 1Y

Find out more by visiting the Disclosure Scotland website - http://www.disclosurescotland.co.uk

Disclosure Scotland Telephone Helpline: 0870 6096006

Email : info@disclosurescotland.co.uk

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) - http://www.nacro.org.uk or call 020 7582 6500.