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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 individuals 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 Office of the Police and Crime Commissioner for Derbyshire (OPCC). If you ask us for information we will let you know in writing whether we hold the information you have asked for and 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 and assistance on Freedom of Information to individuals..

 

If you wish to make an FOI request you can do this by:

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

Email  - PCCOffice@Derbyshire.PNN.Police.UK

Online - or complete the online form here

 

Please see our FOI disclosure log on the left hand side of this page for previous FOI responses we have released.

For more information on FOI please visit the Information Commissioner’s Office website www.ico.org.uk


 

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, e-mail or telephone call. Some types of information or documents may also be found in a local library.

 

For more information on publication schemes please visit the Information Commissioner’s Office website www.ico.org.uk


 

The General Data Protection Regulations and Individual Rights

The General Data Protection Regulation (GDPR) is a new, Europe-wide law that replaces the Data Protection Act 1998 in the UK. It is part of the wider package of reform to the data protection landscape that includes the Data Protection Bill . The GDPR sets out requirements for how organisations will need to handle personal data from 25 May 2018.

Personal data is information relating to an identifiable living individual. Whenever personal data is processed, collected, recorded, stored or disposed of it must be done within the terms of the General Data Protection Regulations (GDPR).

The GDPR aims to give individuals more control over the ways in which organisations process their personal data, and this has led to the granting of new rights for these individuals.

The GDPR provides the following rights for individuals:

  1. The right to be informed
  2. The right of access
  3. The right to rectification
  4. The right to erasure
  5. The right to restrict processing
  6. The right to data portability
  7. The right to object
  8. Rights in relation to automated decision making and profiling.

 

If you wish to make a request to exercise any of your rights you can do this by:

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

Email  - PCCOffice@Derbyshire.PNN.Police.UK

Online - or complete the online form here

 

For more information on GDPR and individual rights please visit the Information Commissioner’s Office website www.ico.org.uk


 

Requests for Personal Information - Subject Access Request

Under the Data Protection Act 2018, you have a statutory right to have access/a copy of the personal data we hold about you electronically or in a filing system (i.e. on paper), this is called a Subject Access Request.

When you submit a subject access request to us you are entitled to be told given the following:

  • whether we hold the data requested, 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"(SAR) you will need to provide the following information:

  • Your contact details including name and address
  • A description of the personal data you require especially if you are wanting something in particular. This information helps us to target our search of records.
  • Ideally 2 forms of ID (passport/driving licence/utility bill) to identify who you are.

We ask for this information as we need to be sure that you are who you say you are before releasing any personal data to you.

We will send you an acknowledgement including the timescales for a reply once we recieve a valid request. We have upto one month in which to reply to you.

 

Requests for Personal Data from a third party

If you are a third party (solicitor/power of attorney/someone other than the data subject the information relates to) and are wanting to request the personal data of your client/family member you will need to provide the following information:

  • Your contact details including name and address
  • A description of the personal data you require especially if you are wanting something in particular. This information helps us to target our search of records.
  • Ideally 2 forms of ID (passport/driving licence/utility bill) to identify who you are.
  • Written proof of authority from the data subjects (individual whose data you are requesting) that they authorise the OPCC to disclose their personal data to you.

We ask for this information as we need to be sure that you are who you say you are and that you have the relevant authorisation from the data subject before releasing any personal data to you.

We will send you an acknowledgement including the timescales for a reply once we receive a valid request. We have up to one month in which to reply to you.

 

 

You can submit your SAR request by:

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

Email -  PCCOffice@Derbyshire.PNN.Police.UK

Online - or complete the online form here

Verbally - By calling the OPPC on 0300 122 6000

 

There are 6 data protection principles which the OPCC will abide by when processing your personal data these are:

  • use your data fairly, lawfully and transparently
  • use your data for specified, explicit purposes
  • use your data in a way that is adequate, relevant and limited to only what is necessary
  • Ensure your data is accurate and, where necessary, kept up to date
  • Ensure your data is kept for no longer than is necessary
  • Ensure your data is handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage

 

 For more information on Subject Access please visit the Information Commissioner’s Office website www.ico.org.uk


 

Information Commissioner (ICO)

If you consider that your FOI, SAR or individual rights request has not been dealt with properly, you can:

  • write to us at the below address seeking resolution of your complaint
The Office of the Police and Crime Commissioner
Butterley Hall
Ripley
Derbyshire
DE5 3RS
 

We will carry out an internal review of any decisions we have made regarding the information you have asked for and write to you within one month of the outcome of that review.

 

If you are still not happy with the outcome of the internal review then you can:

  • write to the Information Commissioner, at the below address, who is appointed to consider such complaints at:
Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

http://ico.org.uk

The Information Commissioner is empowered to assess whether there has been a failure to comply with the Freedom of Information Act 2000 (FOIA), the Data Protection Act 2018 (DPA) and the General Data Protection Regulations (GDPR).. The Commissioner can issue enforcement proceedings if satisfied that there has been a contravention of any legislation.

 
 
 
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