Frequently Asked Questions
1. What laws and policies are relevant to personal information?
- General Data Protection Regulation (GDPR)
- Data Protection Act 2018
- Human Rights Act 1998
- Freedom of Information Act 2000
- Computer Misuse Act 1990
- College of Policing Authorised Professional Practice
- Statutory Code of Practice for the Management of Police Information
2. What rights do I have?
- Right to be Informed
- Right of Access
- Right to Rectification
- Right to Erasure
- Right to Restrict Processing
- Right to Data Portability
- Right to Object
- Rights related to automated decision making including profiling
3. Who is the Controller for the Constabulary?
The Chief Constable
4. Who is the Data Protection Officer?
Bethany Mortimer, Compliance Officer
5. What is the purpose for holding personal information?
The Information Charter will tell you:
- Why we hold personal data
- Whose personal data we hold
- What type of personal data we hold
- Who we may share your personal data with
- How long we retain your personal data
6. Can I get a copy of personal data relating to me?
Yes, this is part of your Right to Access and is known as a Subject Access request. To find out more information and how to make a request, visit our Access Personal Data page.
7. Is there any reason why I will not get the information relating to me?
The General Data Protection Regulation (GDPR) and Data Protection Act 2018 do contain some exemptions from providing information following a Subject Access request. In brief, those most likely to be relevant to information held by the police are:
- Information held for the purpose of safeguarding national security
- Information held for the purpose of preventing and detecting crime, apprehending and prosecuting offenders BUT only when disclosure to the applicant might prejudice those purposes.
- We will also consider whether to disclose information to an applicant might prejudice the wider public interest or might be relevant to current or future criminal proceedings in court.
8. Will I get ALL the information?
- Subject Access entitles you to information recorded about you, except when an exemption is relevant.
- Subject Access does not entitle you to receive information that might identify another person, known as a third party. In these cases we may remove or obscure the third party information, unless you provide their written consent.
9. What do I do if I believe my information is incorrect or that the police should not have or use that information?
- The General Data Protection Regulation (GDPR) and Data Protection Act 2018 give you the right to request that inaccurate information is corrected or deleted and the Constabulary will review the information held. You have also got the right to ask us to restrict processing.
- Making such requests will not automatically result in the information being changed or removed. If the Constabulary can show that the information in necessary and relevant to its lawful and legitimate functions as a police force the information will be retained.
- If you believe we hold information about you that is not correct please contact the Compliance Team: [email protected]
If after contacting us you are not satisfied, you can contact the Information Commissioners Office:
The Office of the Information Commissioner
Tel: 0303 123 1113 or 01625 545745
If you cannot find the answer to your question please contact:
Data Protection Team
Operations and Communications Centre
Disclosure Scotland: www.disclosurescotland.co.uk
Disclosure and Barring Service: www.gov.uk/government/organisations/disclosure-and-barring-service