Data Protection - About Us - Surrey Police

Subject Access - How do you access information about yourself.

The Subject Access provisions of the Data Protection Act give an individual the right to have a copy of any personal data held about them.

This is commonplace for people applying for visas to visit foreign countries or during the process of emigration. However for USA, Canada, Australia and New Zealand please see the section on Police Certificates to the right.

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 organizations.

Should you wish to know what information (if any) Surrey Police holds about you, or you would like confirmation that you do, or do not have a prosecution/conviction history, you must apply using this form

Surrey Police - Subject Access Request Form  (PDF download - 57kb)

Payment of a £10 fee and proof of identification must also be provided.

Please note that 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 carefully read the important notice below.

Important notice for people when applying for personal information under the Data Protection Act 1998

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, Surrey Police 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:

1. The release of the information could lead to the identification of another individual to whom Surrey Police 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.
2. 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 Surrey Police's fight against crime.
3. 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 Surrey Police 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 granted by Parliament.

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 not relating to the applicant will be edited out.

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. It is, therefore, unlikely that this method will be an appropriate way to obtain information about others, nor is it likely to be suitable for individuals considering, or taking, legal action against an individual or organisation. In such circumstances the normal legal channels of discovery are generally more appropriate.

When requesting information it will assist us to assist you if you can tell us what the information you are seeking relates to.

Data Protection Frequently Asked Questions

Do I have to complete a subject access request and let my employer see it?

Though the Data Protection Act makes this an offence, it has yet to be introduced in law by the Government. So currently no specific offence is commited by employers making this demand.

Should I comply with my employer's request?

Surrey Police do not support this course of action by employers However, there is nothing we can do until the law is changed to make it unlawfull. There is a suitable alternative available through Disclosure Scotland, which some major employers are already using.

What is Disclosure Scotland?

Disclosure Scotland is available to anyone within the UK. Disclosure Scotland is a government approved agency that provide suitable reports for employers showing any relevant convictions. The reports exclude any convictions classified as 'spent' as they should not be relevant to an employment agreement. Find out more by visiting the Disclosure Scotland website.

How can I tell if a conviction is 'spent'?

Convictions normally have a a life span after which they do not need to be disclosed to employers. The life span is directly linked to the punishment imposed by the court and therefore varies depending on the sentence. For more information and advice, visit the NACRO website (National Association for the Care and Resettlement of Offenders) or call 020 7582 6500.

Can I make a subject access request to get information on someone else's criminal record?

No. If you make a subject access request it can only be about yourself.

I have been asked to get a 'Memorandum of Conviction' by an embassy. How do I get one?

A 'Memorandum of Conviction' is a court record. If you know the date you attended court, you can request this directly from the court. If you don't know the date you can make a Subject Access Request through the Information Access Team. If you live outside of the UK, make the request to the local police force in the area where you were last resident.

I made a subject access request but have lost the result. Can I get a duplicate?

Only if less than 40 days have passed since the original reply was sent. Records can change over time (be added to or deleted) so a duplicate may not be useful. Another fee will be have to be paid.

I've made a subject access request but haven't received a reply yet. What should I do?

We have up to 40 days from the date we receive the request to give an official response. If 40 days have passed and you haven't heard anything, please call 01483 630013 (or +44 1483 630013 if calling from outside the UK). If there are any problems with your request we will contact you immediately. You should receive acknowledgement of your request in two weeks after submitting your application.

I need to get proof that I don't have a criminal record. How do I get this?

The process is just the same whether you have a criminal record or not. You will need to make a Subject Access Request

I need to prove that my driving licence is clean. How do I do this?

Although the police issue fixed penalty notices which can result in fines and endorsements, the records are kept by the Driver and Vehicle Licensing Authority (DVLA). Visit the DVLA website to find out more about the release of information about yourself. A small fee may be charged.

I am applying for a job and I'm not sure whether I have to declare my convictions

This will depend on what sort of job you are applying for, how old your convictions are and what type of convictions you have. Whilst many application forms ask people to 'declare all convictions or cautions', unless an exemption applies, you have the right to withhold information about spent convictions and cautions. But remember, the period of time the records are held on police computers may exceed the rehabiltation or 'spent' period. Even if the record has been removed from police records, it may still be held on record by the courts or your conviction may be an exception. You can get further advice about your own personal circumstances from NACRO.

My insurers want me to get a copy of the crime report to support a claim. How do I get hold of it?

Most insurance companies are now signatories to an agreement with police forces that allow direct disclosure of certain information by the police (but only with the consent of the victims involved). The information that can be disclosed includes: basic crime details; complaint and investigating officer's details; crime assessment and how the crime is being investigated (where the information will not compromise a police investigation); victim details (applicant only) and property items. Please note: offender details will only be provided at the discretion of Surrey Police, if it is proven that the information is needed for legal proceedings or a court order has been obtained. Please contact your Insurance Company and ask them to apply by way of the ACPO / Association of British Insurers, Memorandum of Understanding.

I would like to know what other information (other than convictions) is held about me by Surrey Police. How can I find out?

Submit a Subject Access Request making it clear what you want to know. As well as using the Police National Computer, Surrey Police holds a variety of information about individuals on different systems. For example, you may be recorded as a victim of crime, a witness, an offender or a firearm certificate holder. If an incident happened in another part of the country, you would need to contact the relevant police force and make another subject access request.

How can employers vet their staff?

If you employ people who will have unsupervised access to children or other vulnerable people, you should contact the Criminal Records Bureau on 0870 9090811 or visit the CRB website. You will be able to get information on how checks can be made and plans for expanding the service in the future.