What personal information the police and other agencies can request and how to action requests:
NOTE: This process does not apply where the request is to be made under a valid and approved data sharing protocol or agreement. These requests should be made direct to the relevant business service.
Schedule 2 Part 1 Para. 2 or Para. 5 Data Protection Act 2018 (previously S29 Data Protection Act 1998) or Annex C Request
The police and other agencies can request access to personal information held by local authorities for specified purposes. These types of request include Schedule 2 Part 1 Para. 2 or Para. 5 Data Protection Act 2018 and 2013 Protocol, Annex C information disclosure requests
They can ask for information if it’s about:
- prevention or detection of crime
- the apprehension or prosecution of offenders
- assessment or collection of tax, duty or imposition of a similar nature.
- does not give an automatic right of access to information
- states that public bodies can assess the merits of requests and decide whether or not to apply the exemption
- See the Information Commissioners Office guidance about exemptions. It includes reasons we must take into consideration when deciding whether to release information to relevant authorities.
Make a Schedule 2 Part 1 Para. 2 or Para. 5 Data Protection Act 2018 request
You need to:
- fill in the Disclosing Personal Data (Police and other Agencies) online form.
- get the request signed off by an officer of the rank of inspector or above if the request is from the police or Senior Manager for all other agency requests.
- The form will be automatically submitted to Berneslai Homes data protection team for processing. If you have any additional information to support your request or would prefer to email the completed form this can be emailed to: BHdataprotection@berneslaihomes.co.uk.
What happens on submission of the form
- The form will be reviewed by Berneslai Homes data protection team and the requestor contacted within 2 working days of receipt.
- Information requested shall be provided subject to meeting the above requirements of the Data Protection Act. Where necessary consent of the data subject may be required to be obtained to disclose information.