Data Protection Act 1988
Under the
Data Protection Act 1988, individuals are entitled to receive certain personal information which an organisation holds about them.
Subject to certain important exemptions, an individual is entitled:
- to be informed whether personal information about them is being processed by the organisation;
- to be given a description of any such information;
- to be advised of the purposes for which that information is being processed; and,
- to be advised of the people to whom the information may be disclosed.
In addition, the individual is entitled to have the content of the information communicated to them and to be told of the source of the information if known.
The Crown Office and Procurator Fiscal Service holds personal data within case papers. If you require access to your own personal data held within these files, it is provided under the Data Protection Act 1998 by making a subject access request. However, the following points should be noted.
COPFS Data Protection Act Guidance Manual
Information Relating to the Apprehension and Prosecution of Offenders
Information which is being processed for the apprehension or prosecution of offenders need not be disclosed to the individual to whom the information relates where to do so would prejudice that process. This means that, in certain circumstances, it may not be possible to disclose personal information where to do so would prejudice a criminal prosecution.
Personal Information about Other People
Personal information may not be disclosed where the disclosure of that information could lead to the disclosure of personal information about another person who could be identified from that information. We are, however, obliged to provide as much of the information as it is possible to disclose without disclosing the identity of the other individual.
How to make a Request
You can request information which we may hold about you by making a
subject access request. The application form is available to download from the COPFS website, or you can obtain a hard copy from the COPFS Data Protection Co-ordinator at the address below.
The form must be completed in ink and you should attach a covering letter explaining what information you are looking for. To help establish your identity, copies of TWO official documents must accompany your application, which between them clearly show:
- your name
- your date of birth and
- current address
For example, a photocopy of a driving licence, birth/adoption certificate, passport and any other official document that shows your name and address.
You should then submit the form, covering letter and identification to:
The Data Protection Coordinator
Criminal Justice and Disclosure Team
Crown Office
25 Chambers Street
Edinburgh
EH1 1LA
Fees
The Data Protection Act 1998 provides that up to £10 may be charged as a fee for providing information to you. At present it is departmental policy to provide your first request for information free of charge but in response to subsequent requests made, a fee may be charged for the provision of information.
Complaints
If you consider that a request by you for access to your personal data was not dealt with in accordance with the Data Protection Act 1998 you may take further action as follows:
You may write to the Information Commissioner, who may do one of the following:
(i) Make an assessment as to whether it is likely or unlikely that the Department has complied with the 1998 Act;
(ii) Issue enforcement proceedings if he is satisfied that the Department has contravened one of the Data Protection Principles;
(iii) Recommend that you apply to court alleging a failure to comply with the subject access provisions of the 1998 Act.
Information Commissioner
The Information Commissioner can be contacted at the address below:
The Office of the Information Commissioner
Wycliffe House
Wilmslow
CHESHIRE
SK9 5AF
Tel: 01625 545700
www.ico.gov.uk