Subject Access
Introduction
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 (subject to certain exemptions) whether or not personal data is held or processed about them and to have a right of access to any such data.
These rights are known as 'subject access' rights and they don't just apply to the police.
However, there are limitations to these access rights:
- You can only find out details held by the police about yourself.
- The Gloucestershire Constabulary cannot give you information that is held by other Constabularies or organisations. You will need to apply to others separately.
How do I get information about myself from the police?
Should you wish to know what information (if any) Gloucestershire Constabulary holds about you, for example you may like confirmation that you do, or do not have a prosecution/conviction history, you must put your request in writing to tell us what you want, or you may find it easier to complete one of our Subject Access application forms
Applications forms can be downloaded here:
Subject Access application form - Green
Subject Access application form - Blue
Click here to view the subject access application form instructions
Are these the right forms for me?
Please click on the link here to check Subject Access is what you need.
Payment of a £10.00 fee (payable to Gloucestershire Police Authority) and proof of identification must accompany your letter of request or completed application form.
Please note that once we have received your completed application the process to provide you with information can take up to 40 days (which is the legislative time allowed).
How this information will be used
The information you provide is requested so that Gloucestershire Constabulary may process your subject access application under section 7 of the Data Protection Act 1998. If you have a local police record, the information you give in this form may be added to that record.
To allow your application to be processed, your personal information may be provided to employees of Gloucestershire Constabulary & necessary third parties. In the case of applications relating to PNC (Police National Computer) records your information will be provided to ACRO (Association of Criminal Police Officers Criminal Records Office).
For the purposes of the Data Protection Act, 1998, the Chief Constable is the data controller for the Gloucestershire Constabulary, and his data protection representative is the Data Protection Officer, who may be contacted for more information.
Using Subject Access to get Information About Yourself for Others
Some organisations often request evidence of your caution/conviction history (including the lack of it), describing these requests as 'police checks', 'police references', 'police certificates', 'clearance certificates', vetting checks' or 'certificates of good conduct/character'. Foreign embassies, for example, require such evidence from people applying to migrate to their country.
The Data Protection Act 1998 protects such sensitive information and subject to certain exemptions, prevents the police giving information it holds about you to these people, organisations or agencies. However, you can get it yourself using subject access and then pass it on to them if you wish.
Please be aware that where you want to use your subject access rights to get information to give to other agencies, in spite of their terminology, this does not actually constitute a 'check by the police' for those agencies. Our obligation is to provide you with the information you are entitled to.
Click here to see the FAQs relating to jobs that require 'police vetting' and the involvement of the Criminal Records Bureau (CRB).
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