Data Protection and Subject Access

The Data Protection Act 1998 introduced procedures for processing personal information and is applicable to some paper records as well as those held on computers.

The Act works in two ways:

  1. It gives individuals certain rights
  2. It requires those who record and use personal information to be open about how the information is used and that they 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 

Find Out What Information We Hold About You

The subject access provisions of the Data Protection Act gives an individual the right to have a copy of any personal data held on them. 

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. 

Should you wish to know what information, if any, the Derbyshire Constabulary holds about you, or you would like confirmation that you do, or do not, have a prosecution/conviction history you are invited to complete and submit a 'Subject Access Form' or write to us. The form or written request should be accompanied with two different forms of photocopied identification which between them provide sufficient information to prove your name, address and date of birth and the fee of £10 (cheque/postal order).  Please note that once your application is processed all photocopies will be securely destroyed and that no receipt for fees submitted will be issued unless a stamped self addressed envelope is supplied. 

Application forms are available from the Data Protection Unit at Police Headquarters on 0300 122 8752 or by downloading here Subject Access Form - this link also contains instructions on how to complete and return the form.

Please note that your request will normally be processed once all relevant documentation has been received.  Once received the Constabulary has 40 calendar days in which to provide the information if held and that no exemptions, as allowed by the Act, are engaged.  For example, information may be witheld if providing it would be likely to affect the prevention or detection of crime, or the apprehension or prosecution of offenders. 

Disclosure of Information held by the Police for Employment Vetting Processes

Information on this subject can be found on the Home Office website

Police Certificates

Individuals requiring Police Certificates for the purpose of applications for emigration, visas or residency for a number of countries including, but not limited to Australia, Canada, New Zealand, South Africa, and the United States of America should download an application form via the National Police Chiefs’ Council (NPCC) ACRO Criminal Records Office website. However, it is your responsibility to confirm with the relevant Embassy, High Commission or requesting authority that a Police Certificate will be acceptable. 

Website: https://www.acro.police.uk/

Please note that this Certificate is processed entirely by the NPCC ACRO Criminal Records Office and applications should not be returned to Derbyshire Constabulary. All submissions and enquiries relating to this process should be directed to ACRO, who can be contacted as follows:
 

Telephone: 0845 601 3999 (International callers: 0044 1962 871 111) during their office hours of 08:30 - 23:00 GMT, Monday - Friday.

For countries other than those listed above you need to make your request to Derbyshire Constabulary by completing a Subject Access Form.


Protection of Freedoms Act 2012

The Protection of Freedoms Act 2012 received Royal Assent on 1st May 2012.

The Act supports the commitment made in the coalition government's 'Programme for Government' launched on 20th May 2010, and introduces 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: 

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


 

If you have any questions about anything on this page, please contact the Data Protection Unit at Force 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.