The Data Protection Act 1998 gives individuals certain rights to access data that organisations hold about them. It also says those who record and use personal information must be open about how the information is used and must follow the eight principles of ‘good information handling’.
Data Protection Principles
The 8 data protection principles say that an individual's data must be:
- Processed fairly and lawfully
- Processed for limited purposes
- Adequate, relevant and not excessive
- Accurate and up-to-date
- Not kept longer than necessary
- Processed in accordance with the data subject’s rights
- Not transferred to countries outside the European Economic Area without adequate protection
Making a Subject Access Request
The Data Protection Act 1998 (DPA 98) gives you the right to access personal information (information about yourself) held by organisations.
To request access to general information (non-personal information) held by Lincolnshire Police, please make a Freedom of Information request. Please note that some exemptions exist to prevent disclosing personal information to you in certain circumstances. For example, these can include:
- The prevention and detection of crime
- The apprehension and prosecution of offenders
- The interest of national security
PLEASE NOTE: Lincolnshire Police will only accept requests for local information. Please follow the guidelines below if you require a copy of your police record. If Lincolnshire Police receives requests which should have gone to ACRO these will not be processed and all documentation will be returned to you by second class post. Lincolnshire Police accept no responsibility for loss of post whilst in transit.
Requesting Access to In formation held on the Police National Computer (PNC) – including information relating to convictions, cautions/warnings and reprimands (ACRO SAR1)
You should use this form if you need a check to be made against your conviction history records. This will include recordable convictions, police cautions/warnings and reprimands. This form must be printed and completed following the instructions contained on the form. It must be sent direct to ACRO - address on the form. See 'Related Documents' at the bottom of this webpage to view/download the ACRO SAR1 form.
The processing of these applications is carried out by the Association of Chief Police Officers Criminal Records Office (ACRO) on our behalf and all queries about how the process works, timescales for responses should be directed to ACRO; details available on the application form.
Requesting Access to Information held by Lincolnshire Police
If you wish to apply for personal information relating to you which may be held on Lincolnshire Police information systems and paper records, for example, in cases where you have been a victim, witness, or an offender, to an incident reported to Lincolnshire Police, you will need to complete The Lincolnshire Police Subject Access form (P.406). Please state what information you require and provide enough details for us to be able to locate this information. See 'Related Documents' at the bottom of this webpage to view/download the Lincolnshire Police Subject Access Form.
If you do not have access to a printer you can telephone us (01522 47120/47116) and request us to send you the form via the post. Alternatively, you can write to us at Force Data Protection Officer, Police Headquarters, PO Box 999, Lincoln, LN5 7PH or email to email@example.com.
Please note that an original signed application form is required when making Subject Access requests. We cannot accept completed forms via email.
Requests for Information in Support of Employment Purposes
If a request falls within the category of ‘vetting’, this goes to the Disclosure Barring Service (DBS) formally the Criminal Records Bureau (CRB), which is an agency set up by the Government to provide vetting checks for employment purposes. The DBS offers three levels of checks, ‘enhanced’, ‘standard’ and ‘basic’. If your work involves working with vulnerable adults and/or children you should contact the DBS direct on their information line 0870 90 90 811 or at www.homeoffice.gov.uk/dbs and NOT submit a subject access application form.
It should be noted that the ‘basic’ check is not yet available. However, for the purposes of a check for employment we would suggest using the service provided by Disclosure Scotland who offer a ‘basic’ level check that is suitable for the majority of employment purposes and, in most cases, it only takes two weeks to receive the response. The ‘basic’ level check costs £25 and can be applied for on-line at www.disclosurescotland.co.uk . This check will not show convictions classed as ‘spent’ under the terms of the Rehabilitation of Offenders Act, unlike a check carried out for subject access which lists all of a person’s offences regardless of whether or not they are spent.
Emigration and Visa Disclosures
Individuals requiring Police Certificates for the purpose of applications for emigration, visas or residency for a number of countries including, but not limited to Australia, Belgium, Canada, New Zealand, South Africa, and the United States of America should download an application form via the Association of Chief Police Officers (ACPO) website following links to ACRO. However, it is your responsibility to confirm with the relevant Embassy, High Commission or requesting authority that a Police Certificate will be acceptable.
Please note that this Certificate is processed entirely by the ACPO Criminal Records Office (ACRO) and applications should not be returned to Lincolnshire Police. All submissions and enquiries relating to this process should be directed to ACRO; details available on the application form.