Please find the attached subject access request form(s) which, by sma39436

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									                        Notes for Completing the Subject Access Form


Please complete the form in BLOCK capitals and with black ink.


Section 1
Please provide all details requested. Some may not seem relevant but they are used to confirm your
identity if there is someone else with a similar name to yours on our systems.

The box labelled ‘Current Home Address’ is the address to where the response will be sent. This does not
have to be your home address but must be an address where you are able to receive mail. You are
required to supply documentary evidence linking you to this address – see section 3.


Section 2
If you are completing this form to obtain information to support a visa or job application, please tick the
box in part a). This will provide you with a certificate detailing any criminal convictions (including cautions,
reprimands and final warnings) recorded against your name on the Police National Computer (PNC).

If you require any other information that Hertfordshire Constabulary may hold about you, please complete
part b) and provide as much detail as possible about what information you require, including any dates,
times and locations and any other information that may assist us.


Section 3
To help establish your identity your application must be accompanied by photocopies of two official
documents:
1) one document showing your name and date of birth (for example; birth certificate, passport or driving
   licence) and
2) a different document showing your name and the address entered in Section 1 (for example;
   bank/credit card statement, utility/mobile phone bill. A driving license can be used if not being used as
   proof of your date of birth).

                      Please do not send original documents – photocopies only.


Section 4
Please sign and date the form in the boxes indicated. Underneath this is a checklist to act as a reminder
for you. Make sure all sections of the form have been completed and that you have included the two
forms of ID and the £10.00 fee.

Failure to complete the form correctly will result in a delay in processing.


   Finally, please post everything back to the address on the front page of the application form.
      Please do not submit forms in person at any police station as they will not be accepted.
                                   Frequently Asked Questions

What is Subject Access?
This is your right under the Data Protection Act 1998 to request access to information held about you by
an organisation. It only applies to information about you. No other person can apply for your information
without your permission and you can’t obtain information about another person.

Is Subject Access the same as a CRB check?
Subject Access is not the same as a Criminal Records Bureau (CRB) check. The Criminal Records
Bureau was established by the Home Office to improve access to criminal record checks for employment-
related and voluntary appointment purposes. Specifically, it provides protection for children and other
vulnerable people. Normally this type of check will be performed by your employer or other registered
organisation. If you require any further information then please visit their web site at www.crb.gov.uk.

Does it really take 40 days to process my application?
The 40 day deadline is specified within the Data Protection Act 1998 and is the maximum time your
application will take. It is not possible to pay more and have your application processed quicker but in a
genuine emergency it can be prioritised. Please include details and any supporting documentation to
indicate why you need the information quickly. Any prioritisation will be purely at the discretion of the
ACPO Criminal Records Office and/or Hertfordshire Constabulary and no guarantees can be given.

What should I do if I haven’t received my information after 40 days?
Upon receiving your application, we will send out an acknowledgement letter and receipt showing your
deadline date. If you have not received your information by that date, please contact us no later than 28
days after your deadline date otherwise you may have to apply again. If your certificate is being sent to an
address outside the UK, please allow a few days after your deadline for international delivery.

What if someone asks me to make an application to get a job?
Being asked to make a Subject Access application and provide the result in return for some benefit (e.g.
employment) may be a criminal offence under Section 56 of the 1998 Act. This is called Enforced Subject
Access and while this has not yet been implemented by Parliament it is in effect in European law.

Enforced Subject Access may also be considered to be a breach of the Human Rights Act 1998 or a
breach of the provisions of the Rehabilitation of Offenders Act 1974. Unfortunately, we are unable to
assist you further regarding this issue and would suggest contacting a solicitor or Citizens Advice Bureau.

Applications for employment purposes should be made through Disclosure Scotland
www.disclosurescotland.co.uk who apply the Rehabilitation of Offenders Act to show only ‘unspent’
convictions.

It is your choice to make a Subject Access application and your choice to whom you show the response.

I’m applying for a visa but don’t know exactly when I’ll be travelling. How long is the certificate
valid?
The certificate is a snapshot of information held at the time it is generated and is therefore subject to
change. You will need to check with the relevant embassy or visa office regarding the validity period of
your certificate. Some may accept a certificate up to six months old, for some it may only be three months
or less.

My insurer has asked me to obtain information and pass it on to them. Can they do this?
While there is nothing to stop you doing this, be aware that there is an agreement for the sharing of
information between the Police and the insurance industry. Your insurer can make an application to the
Police directly in accordance with that agreement.

Can I obtain information for court proceedings?
If you are considering court proceedings we would suggest that your legal representative make the
request directly on your behalf. In some circumstances it may be possible to supply them with information
that you could not obtain yourself.

If you have any other questions, please contact the Information Services Office directly on +44 (0)1707 35
4177 or via email dataprotection@herts.pnn.police.uk.

Form SA2 (Revised November 2009)

								
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