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Freedom of Information and Data Protection

 

Freedom of Information

Since 1 January 2005, the Freedom of Information (FOI) Act 2000 has given you a right of access to recorded information held by public authorities, subject to certain exemptions.

The FOI Act applies to the vast majority of public authorities, including the Police and Crime Commissioner for Derbyshire. If you ask us for information we will let you know in writing whether we hold the information you have asked for. If we do, we will provide the information to you within 20 working days, unless subject to an exemption.

We also have a duty to provide advice on Freedom of Information or assistance to anyone seeking information.

If you wish to make an FOI request then you can either write to:-

The Office of the Police and Crime Commissioner, Butterley Hall, Ripley, Derbyshire, DE5 3RS

or complete the online form here

 


 

Our Publication Scheme

Under the FOI Act all public authorities, including the Police and Crime Commissioner for Derbyshire, must have a Publication Scheme setting out the information we routinely make publicly available.

The OPCC is compliant with the Elected Local Policing Bodies (Specified Information) Order 2011, as we intend to publish as much information about the Derbyshire Police and Crime Commissioner's role as possible on this website

A guide to the Commissioner's publication scheme can be accessed here

The purpose of our publication scheme is to let you know what information is readily available from us without your needing to ask us for it.

Most of the information is available on the Commissioner's website, although the information can also be obtained from us if you request it by letter, fax, e-mail or telephone call. Some types of information or documents may also be found in a local library.

Written requests for information should be made via the online contact form found on the Contact Us page.

Further information is available from the Information Commissioner website: www.ico.gov.uk. 


 

Requests for Personal Information

Under the Data Protection Act 1998, you already have a statutory right to have access to personal data we hold about you on computer or in a structured manual file (i.e. on paper). You also have the right to expect us, as the data controller, to ensure that data is:

  • processed fairly and lawfully
  • obtained for specific and lawful purposes
  • adequate, relevant and not excessive
  • accurate and where necessary kept up to date
  • not kept for longer than is necessary
  • processed in accordance with the rights of the data subject
  • kept secure
  • not transferred abroad unless to countries with adequate date protections laws.

For the purposes of the 1998 Act, "personal data" is information that relates to a living identifiable person. The person or organisation who controls the purpose and manner in which data is processed is the "data controller". More information on the Data Protection Act can be found on Data Protection and Freedom of Information Advice - ICO (the Information Commissioner\'s website) or from the address given below.


 

Information where Police and Crime Commissioner for Derbyshire is the Data Controller

 
Where we are the data controller, you are entitled to be told whether we hold data about you, and if we do:

  • to be given a description of the data in question
  • to be told for what purposes the data is processed
  • to be told the recipients, or classes of recipients, to whom the data is or may be disclosed

You are also entitled to a copy of the information with any unintelligible terms, acronyms or codes explained. You will also be given any information available to us on the source of the data. The data will be in its latest form.

If you wish to apply for access to your personal data, known as "a subject access request", you should write to us at:

The Office of the Police and Crime Commissioner
Butterley Hall
Ripley
Derbyshire
DE5 3RS

A fee of £10 must accompany your request together with proof or your identity. We also need to be supplied with the details needed to locate the information you seek. A request for access to personal data will be dealt with promptly and in any event within 40 days of receipt of the request and payment of the fee.

If you consider that a request by you for access to your personal data has not been dealt with properly, you may:

  • write to us at the above address seeking resolution of your complaint
  • write to the Information Commissioner, who is appointed to consider such complaints at:

Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

The Information Commissioner is empowered to assess whether there has been a failure to comply with the 1998 Act. The Commissioner can issue enforcement proceedings if satisfied that there has been a contravention of the data protection principles. The Commissioner can also recommend that you apply to court alleging a failure to comply with the subject access provisions of the 1998 Act. The court may make an order requiring compliance with those provisions and may also award compensation for any damages you have suffered as well as any associated distress.

 

 
 
 
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