I wish to obtain information which police forces hold on me. How do I obtain such information?
Part V of the Police Act 1997 introduced a system of disclosing criminal history information to individuals and organisations for employment and various other purposes. This is the service Disclosure Scotland provides.
Individuals may have other reasons for obtaining details of their criminal record history (or confirming that no information is held on them) and they can obtain this from their local police force or the police forces in whose areas they have resided.
This is called “Subject Access” and 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 him or her.
If personal data is being held or processed, the “data subject” is allowed to be given:-
- a copy of the personal data held
- the reasons why the data is being held or processed
- information as to what other bodies the information may be passed on to
Part IV of the Data Protection Act 1998 provides details of exemptions which exist preventing disclosure of certain information to individuals in certain circumstances, including:-
- where such disclosure would be prejudicial to the prevention and detection of crime or the apprehension and prosecution of offenders
- in the interests of national security
Further details on the Data Protection Act 1998 are available HERE.
You are advised that Disclosure Scotland has no input into, or responsibility for, producing Subject Access reports (SARs). You are required to contact the appropriate police force(s) in whose area(s) you reside(d). Further details on each police force’s procedures in respect of Subject Access may be available from the respective police force’s websites which can be accessed in the following links.
Many forces, if not all, make a charge for this service and you will have to complete a form and provide proof of identification with your request for access to information.
Important note - Subject Access Reports (SARs) for employment purposes
Currently, some employers seek to obtain criminal record information about employees and potential employees by compelling them to exercise their rights under the Data Protection Act 1998. This process is known as 'Enforced Subject Access' and is considered unlawful and against the spirit of the legislation - when section 56 of the Data Protection Act 1998 is implemented, it will become a criminal offence for employers to ask individuals, as a condition of employment, to go through this process. SARs provide details of all convictions (spent and unspent) and as employers in such circumstances are not entitled to ask exempted questions under the Rehabilitation of Offenders Act 1974, they are not entitled to see details of convictions that are spent.
You are advised, therefore, that SARs are not available for employment purposes and, as such, the correct procedure in these circumstances would be to obtain a Basic Disclosure.
