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Data Protection and Right of Access

The General Data Protection Regulation and Data Protection Act 2018 provides you with a right to ask for a copy of personal data held about you, unless certain exemptions apply. This is known as subject access. More information about this right is available at Legislation.gov.uk and at the Information Commissioner’s Office (ICO).

Requesting Access to Information held on Police National Computer (PNC)

You can request information that may be held about you on the PNC, such as previous prosecutions or convictions.

Please submit your requirements on line to the Association of Chief Police Officers Criminal Records Office (ACRO) website who carry out these checks on Derbyshire’s behalf and will reply directly to you.

Requesting Access to Personal Data held by Derbyshire Constabulary

You can ask to see information that Derbyshire Constabulary may hold about you in a number of ways:

Freedom of Information Team
Derbyshire Constabulary
Force Headquarters
Butterley Hall
Ripley
Derbyshire
DE5 3RS 

What we need to Help us Process Your Request

To help us process your request we will require the following;

  • Your full name (including maiden/former names), title and Date of Birth
  • Current address, and if the information you are requesting relates to any previous addresses you have lived at please include this information as it will help us in our searches.
  • Alternative postal address, only provide this information if you do not want correspondence to be sent to your current address.
  • Telephone number (this will assist us in being able to contact you about your application should we need to).
  • An email address if you would like us to respond by email. Please note The Constabulary can, if preferred, help to secure your information by encrypting your documents. Please let us know if you require this service. Derbyshire Constabulary cannot accept responsibility for any loss or inappropriate access to the email response once it has left our secure network. Please ensure the email address you provide is accurate.
  • To prove your identity please provide copies of two different documents that show between them your name, date of birth, current address, signature and a photo when requesting access to CCTV images. Please do not send original documents.
  • To help find any information that may be held about you, we may require additional details. This may include a description of the information you are looking for, a crime reference or incident number, dates and times or any other information which may assist us in finding the information you requested.

Third party applications

We can only supply personal data to the individual to whom it relates. If you are making an application on behalf of someone else (known as a 'third party application') you will need to provide a signed letter of authorisation from the person whose data is being requested, plus identity documents that show the applicant's signature. This can be a passport, driving licence or identity card. Please do not send original proofs of identity.

A person who impersonates another or attempts to impersonate another may be guilty of an offence.

What happens once you submit your application?

We will notify you when we accept your application. We have a legal obligation to process your request within one month after receipt of a fully complete application together with proof of identity.

We will send a response to you by either post or email to the address specified on your application.

If you have any queries about the information we have sent to you please contact the Freedom of Information Team in the first instance.

More Information about Right of Access


Refusal

The provisions of the Data Protection Act mean that in some circumstances we may not be able to provide you with the information you have requested. For example you will not be provided with personal data if it is likely to prejudice a criminal investigation, or we may not provide you with information that identifies other individuals. If we are unable to disclose information to you will be advised why.

Have you been asked by someone to apply for information about any cautions or convictions under subject access and provide them with the response for the purposes of: 

  • your current job
  • a job you have been offered
  • to enter a contract for goods, facilities or services

If yes, then whoever has asked you may be committing an offence under Section 177 of the Data Protection Act 2018. You have not committed any offence in submitting your request.

Although you are not obliged to do so, if you choose to provide us with details of whoever has asked you to apply for access to your information we may refer this information to the ICO for consideration.

Employment or Visa Purposes

If you require this information in order to obtain a visa for travel or immigration to Australia, Belgium, Canada, Cayman Island, New Zealand, South Africa or the USA, you should apply for a Police Certificate through the ACRO website at https://www.acro.police.uk/.

If you require this information for employment purposes then you should obtain a basic level check online from the Disclosure Scotland website at www.mygov.scot/organisations/disclosure-scotland.

The Disclosure and Barring Service (DBS) (formerly the Criminal Records Bureau (CRB)) checks are for people who are applying to work with children and vulnerable adults. Normally this type of check will be performed by your employer or other registered organisation. For further information please visit www.homeoffice.gov.uk/dbs.

Protection of Freedoms Act 2012

The Protection of Freedoms Act 2012 introduced a number of changes affecting the way in which the police service and other agencies manage information about people. These changes include the creation of new rights regarding the retention of an individual's information in police records. Further information is available from a number of sources which include:

Legislation:

http://www.legislation.gov.uk/ukpga/2012/9/contents/enacted

Home Office (general):

https://www.gov.uk/government/organisations/home-office

Information about disregarding offences:

https://www.gov.uk/government/publications/disregarding-convictions-for-decriminalised-sexual-offences

Deletion of Records from National Police Systems

The National Police Chiefs’ Council has issued guidance entitled ‘Deletion of records from national police systems’. This Guidance provides details of the circumstances in which an individual may be eligible to apply for the deletion of records from the Police National Computer (PNC), the National Fingerprint Database (IDENT1) and the National DNA Database (NDNAD).

This process is known as the Record Deletion Process and is managed on behalf of the Police Service by the ACRO Criminal Records Office. If, having read the guidance, you believe that you are eligible for the deletion of records please complete the application form for record deletion and submit it to: 

If, having read the guidance, you believe that you are eligible for the deletion of records please complete the application form for record deletion and submit it to: 

The National Record Deletion Unit
ACRO
PO Box 481
Fareham
Hampshire
PO14 9FS

For any queries in relation to this process please e-mail: deletions@acro.pnn.police.uk

Derbyshire Constabulary has produced a Privacy Notice which explains in more detail how we manage personal data. This also provides information about the steps we take to ensure that personal data is protected, and about the other rights individuals have regarding their data. If you have any questions about anything on this page, please contact the Data Protection Team at Derbyshire Headquarters on 0300 1228756.

Do you need a quick answer to a general question? Then we recommend you visit the national Ask The Police web site.