Information

Introduction

The General Data Protection Regulation (GDPR) Article 15 and the Data Protection Act 2018 (Part 3 Law Enforcement Processing) Section 45 provide individuals with the right of access to information that an organisation holds about them.

Legislative Compliance

This document has been drafted to comply with the principals of the Human Rights Act. Proportionality has been identified as the key to Human Rights compliance, this means striking a fair balance between the rights of the individuals and those of the rest of the community. There must be a reasonable relationship between the aim to be achieved and the means used.

Equality and Diversity issues have also been considered to ensure compliance with current Equality Legislation and policies. In addition, Data Protection, Freedom of Information and Health Safety issues have been considered. Adherence to this policy or procedure will therefore ensure compliance with all legislation and internal policies.

Policy Statement

This policy documents how The Office of the Northamptonshire Police, Fire & Crime Commissioner will recognise, accept and disclose data requested under the right of access.

How can requests be made and will be accepted in the following ways:

In writing to:

The Office of the Northamptonshire Police, Fire & Crime Commissioner

Darby House,

Darby Close,

Park Farm Industrial Estate,

Wellingborough.

NN8 6GS

By email to commissioner@northantspfcc.gov.uk

A copy of the OPFCC SAR application form is published online at:

https://northantspfcc.org.uk/subject-access-requests-2/

 

A request will not be accepted until:

1. We have enough information to complete the request;
2. Identity has been confirmed, minimum requirement is copies of two different documents that show between them your name, date of birth, current address, signature and at least one photograph.

This is required to verify the source of the request and to ensure disclosure is only made to the appropriate recipient.

Our external website provides further useful information together with an application form which if used means a clear request is completed (this is the most efficient way of submitting a request).

The OPFCC does have a form that can be provided to applicants if they ask, it is not a requirement of the act to complete a form however, if an applicant requires one it is available.

In certain circumstances information may not be supplied.

If a request is deemed to be manifestly unfounded or excessive, this could include requests that are repetitious, or malicious, or where they represent an abuse of the rights to access, for example by providing false or misleading information.

This can be in the form of repeated requests over a relatively short period of time or extending over several years, or where we have provided the applicant with their personal data through an alternative disclosure mechanism.

This could also involve the requirement of a disproportionate effort to respond, for example many thousands of email to research.

Information may not be supplied if it relates to third parties and the applicant has not obtained their consent for it to be released or if releasing the information would obstruct an investigation.

The ICO website provides guidance: www.ico.org.uk

Requests from existing members of staff

If access to information which would be held by the OPFCC is required, then the Head of Paid Service should be contacted by the applicant to facilitate this in the first instance. SAR should not be used as a method for existing staff to have to obtain access to their information held there. For other data that may be held by either Northamptonshire Police or Northamptonshire Fire & Rescue, a SAR should be submitted.

Monitoring and review

The senior owner will review the content of this guidance annually to ensure that this is relevant and up to date. The author has agreed that this document will be reviewed within 12 months of the effective date.