Your Right to Information
In this section, you will find details of your right to
access the information held by Cheshire Police. This is
broken down by two sections, each covered by an Act of Parliament.
The Data Protection Act 1998 and Freedom of
Information Act 2000. You will also find details of how
to obtain a Police Certificate.
Data Protection
This provides individuals with a right of access to
information that may be held about themselves.
This is called Subject Access. It is a
qualified right of access, which does not extend to certain types
of information that might identify other individuals whose data is
held under a duty of confidence.
Date Protection FAQs
How do you access information about yourself?
Should you want to know what information (if any) that
Cheshire Police holds about you, or you would like
confirmation that you do, or do not have a prosecution/conviction
history, please download the Subject Access application form.
Payment of a £10 fee via cheque or postal order and proof of
identification must also be provided.
How to access your records - Subject Access
You (the Data Subject) can request access to your own
information by completing a form you can download.
Subject Access
Application Form
The Information Management Unit will deal with the access
request provided that:
- Your last address was in Cheshire if you now reside abroad
- You are seeking information relating to a specific incident
that occurred within Cheshire
The Information Management Unit may also request more details
from the Data Subject to ensure they are dealing with the correct
person and also:
- Charge £10 to cover administrative costs.
- Request the fee prior to the data subject receiving the
information.
- Comply with the requests within 40 days of receipt of both the
fee and the necessary information to find the record
- Not provide information that is exempt under the Act
The Police Service does not supply 'Good Conduct Certificates'
or 'Police Clearance Certificates'.
Before completing a Subject Access application, please note the
following:
- 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 them.
- This service is not a pre-employment vetting service and
applicants wishing to apply for subject access as a condition of
employment will be directed to the Criminal Records Bureau or
Disclosure Scotland for the Disclosure Services afforded by these
organisations.
- Once we have received your completed application, the process
to provide you with information can take up to 40 days.
For people considering applications for information to use in
civil proceedings please also carefully note the following:
The Data Protection Act provides a right in law for individuals
to be advised whether, and what, information an organisation is
processing about them. In replying to applicants, Cheshire
Constabulary will pay due regard to the exemptions from this
general right of access and may decline to provide such information
where one or more of the following circumstance apply:
- The release of the information could lead to the identification
of another individual to whom Cheshire Constabulary have a duty of
confidence. Explanatory note: This will often be where the
recorded information involves more than one individual, e.g. a
crime report identifies both a victim and suspect/offender. The
offender will not normally be given personal details of victims and
vice versa.
- Information being processed for the prevention or detection of
crime or the apprehension or prosecution of offenders.
Explanatory note: We will not release intelligence about
an individual under these provisions if doing so could undermine
Cheshire Constabulary's fight against crime.
- Paper/manual records being processed, these could include
investigation files. Explanatory note: Whilst the
searching of electronic records can normally be completed using
automatic search tools, searching for hand written records cannot
and Cheshire Constabulary will often need to be advised where such
information is held before they can accept such a request. Even
where such paper records can be located if the cost of reviewing
and releasing the information would be likely to exceed £450 then
it is outside the right of access afforded by the Data Protection
Act 1998.
It should also be noted that release of personal information
under this legislation is limited to information relating to the
applicant. It does not give a person access to information relating
to other individuals.
Information released under this legislation allows individuals
to satisfy themselves that where information is being processed
about them, it is accurate, it is not excessive and it is not being
kept longer than necessary.
When requesting information it will assist us to assist you if
you can tell us what the information you are seeking relates to,
together with the date, time and location of any particular
occurrence.
How we use your information
Please see the following PDF Document
How
Cheshire Constabulary use your information and an explanation
of your rights under the Data Protection Act.
Police certificates
Individuals requiring police certificates for the purpose of
emigration, visas and work permits or residency in Australia,
Bahamas, Belgium, Canada, Chile, New Zealand, South Africa and the
USA should download the police certificate
(ACRO) application form from the Association of Chief
Police Officers (ACPO) website.
Please note this certificate is processed entirely by the ACPO
Criminal Records office, or ACRO.
All submissions and enquiries relating to this process should be
directed to ACRO:
Telephone: 0845 6013999 (office opening hours
of 8:30am to 4:30pm, Monday to Friday)
E-mail: acro.policecertificates@acro.pnn.police.uk
Address: ACRO, PO Box 481, Fareham, PO14 9FS
Please do not return this application form to
Cheshire Constabulary.