Please find the attached subject access request form(s) which, you ...
Please find the attached subject access request form(s) which, you ...
Please find the attached subject access request form(s) which, you ...
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Frequently Asked QuestionsWhat is Subject Access?This is <strong>you</strong>r right under <strong>the</strong> Data Protection Act 1998 to <strong>request</strong> <strong>access</strong> to in<strong>form</strong>ation held about <strong>you</strong> byan organisation. It only applies to in<strong>form</strong>ation about <strong>you</strong>. No o<strong>the</strong>r person can apply for <strong>you</strong>r in<strong>form</strong>ationwithout <strong>you</strong>r permission and <strong>you</strong> can’t obtain in<strong>form</strong>ation about ano<strong>the</strong>r person.Is Subject Access <strong>the</strong> same as a CRB check?Subject Access is not <strong>the</strong> same as a Criminal Records Bureau (CRB) check. The Criminal RecordsBureau was established by <strong>the</strong> Home Office to improve <strong>access</strong> to criminal record checks for employmentrelatedand voluntary appointment purposes. Specifically, it provides protection for children and o<strong>the</strong>rvulnerable people. Normally this type of check will be per<strong>form</strong>ed by <strong>you</strong>r employer or o<strong>the</strong>r registeredorganisation. If <strong>you</strong> require any fur<strong>the</strong>r in<strong>form</strong>ation <strong>the</strong>n please visit <strong>the</strong>ir web site at www.crb.gov.uk.Does it really take 40 days to process my application?The 40 day deadline is specified within <strong>the</strong> Data Protection Act 1998 and is <strong>the</strong> maximum time <strong>you</strong>rapplication will take. It is not possible to pay more and have <strong>you</strong>r application processed quicker but in agenuine emergency it can be prioritised. <strong>Please</strong> include details and any supporting documentation toindicate why <strong>you</strong> need <strong>the</strong> in<strong>form</strong>ation quickly. Any prioritisation will be purely at <strong>the</strong> discretion of <strong>the</strong>ACPO Criminal Records Office and/or Hertfordshire Constabulary and no guarantees can be given.What should I do if I haven’t received my in<strong>form</strong>ation after 40 days?Upon receiving <strong>you</strong>r application, we will send out an acknowledgement letter and receipt showing <strong>you</strong>rdeadline date. If <strong>you</strong> have not received <strong>you</strong>r in<strong>form</strong>ation by that date, please contact us no later than 28days after <strong>you</strong>r deadline date o<strong>the</strong>rwise <strong>you</strong> may have to apply again. If <strong>you</strong>r certificate is being sent to anaddress outside <strong>the</strong> UK, please allow a few days after <strong>you</strong>r deadline for international delivery.What if someone asks me to make an application to get a job?Being asked to make a Subject Access application and provide <strong>the</strong> result in return for some benefit (e.g.employment) may be a criminal offence under Section 56 of <strong>the</strong> 1998 Act. This is called Enforced SubjectAccess and while this has not yet been implemented by Parliament it is in effect in European law.Enforced Subject Access may also be considered to be a breach of <strong>the</strong> Human Rights Act 1998 or abreach of <strong>the</strong> provisions of <strong>the</strong> Rehabilitation of Offenders Act 1974. Unfortunately, we are unable toassist <strong>you</strong> fur<strong>the</strong>r regarding this issue and would suggest contacting a solicitor or Citizens Advice Bureau.Applications for employment purposes should be made through Disclosure Scotlandwww.disclosurescotland.co.uk who apply <strong>the</strong> Rehabilitation of Offenders Act to show only ‘unspent’convictions.It is <strong>you</strong>r choice to make a Subject Access application and <strong>you</strong>r choice to whom <strong>you</strong> show <strong>the</strong> response.I’m applying for a visa but don’t know exactly when I’ll be travelling. How long is <strong>the</strong> certificatevalid?The certificate is a snapshot of in<strong>form</strong>ation held at <strong>the</strong> time it is generated and is <strong>the</strong>refore <strong>subject</strong> tochange. You will need to check with <strong>the</strong> relevant embassy or visa office regarding <strong>the</strong> validity period of<strong>you</strong>r certificate. Some may accept a certificate up to six months old, for some it may only be three monthsor less.My insurer has asked me to obtain in<strong>form</strong>ation and pass it on to <strong>the</strong>m. Can <strong>the</strong>y do this?While <strong>the</strong>re is nothing to stop <strong>you</strong> doing this, be aware that <strong>the</strong>re is an agreement for <strong>the</strong> sharing ofin<strong>form</strong>ation between <strong>the</strong> Police and <strong>the</strong> insurance industry. Your insurer can make an application to <strong>the</strong>Police directly in accordance with that agreement.Can I obtain in<strong>form</strong>ation for court proceedings?If <strong>you</strong> are considering court proceedings we would suggest that <strong>you</strong>r legal representative make <strong>the</strong><strong>request</strong> directly on <strong>you</strong>r behalf. In some circumstances it may be possible to supply <strong>the</strong>m with in<strong>form</strong>ationthat <strong>you</strong> could not obtain <strong>you</strong>rself.If <strong>you</strong> have any o<strong>the</strong>r questions, please contact <strong>the</strong> In<strong>form</strong>ation Services Office directly on +44 (0)1707 354177 or via email dataprotection@herts.pnn.police.uk.Form SA2 (Revised November 2009)