Request to see personal information about someone else
It is our policy to share personal information in accordance with the Data Sharing Code of Practice published by the Information Commissioner's Office. This means that in order to protect the personal information for which we are responsible, we will only disclose information to third parties where we have the consent of the individual concerned or we are permitted to do so by law.
If you would like to request personal information about someone else, we need to be absolutely sure that they have authorised you to make the request on their behalf and require a written declaration and signed by that person. We will usually send the information directly to them unless they instruct us otherwise.
Sometimes the person who you are making the request for is unable to exercise their right of access because they are too young or they do not have the mental capacity to understand their rights.
Requests on behalf of children
Parents and carers are able to make applications on behalf of their children, but they have no automatic right to the information. If a child is old enough to give informed consent of the information, the Council will be guided by their wishes. In all cases, disclosure of information will only occur if it is in the best interests of the child.
Requests on behalf of adults lacking mental capacity
Authority to act on behalf of an adult lacking mental capacity normally requires a lasting power of attorney, which we will require sight of before we share any information.
Requests about deceased individuals
The Data Protection Act only applies to identifiable living individuals. Deceased individual access request will therefore be dealt with under the Freedom of Information Act.
Requests by police officers
We are happy to help you in your enquiries if we are able, however, we will need you to complete an ACPO DPA s29 authorisation form first (you should have these available at the station, if not ask your Data Protection Officer for one).
NOTE TO SUSSEX POLICE OFFICERS: Currently the Community Safety Information Sharing Agreement does not exempt officers from the process above or automatically grant access to personal information. Each request is assessed in accordance with this agreement and the process below should still be followed when making requests.
The completed s29 DPA form should include:
- Full name of the individual and address if known (aids in searching our systems to identify the correct individual);
- Summary of what information you are seeking from us (the more detail you provide the easier for us to locate);
- Citation of the legislation which permits us to share information regarding the individual with yourselves;
- A brief explanation of how failure to provide this information will prejudice your investigation;
- Signature of a senior officer as well as yourself as investigating officer.
Please return the completed form to the council using one of the following methods (in order of preference):
- Electronic copy sent from the senior officer's own secure e-mail account to the data protection officer's secure e-mail address (call 01403 215435 to request this).
- A paper copy of the form which has been physically signed by the senior officer, scanned and forwarded to the data protection office's secure e-mail address (call 01403 215435 to request this).
- A paper copy of the form which has been physically signed by the senior officer and faxed to 01403 215467. If you choose this option please call me before doing so on 01403 215435 to ensure that I can retrieve it immediately.
Requests by other organisations
If you work for an organisation other than the police, you can still make a request. We require the request in writing.
Please clearly specify:
- the name of the individual concerned
- the purpose for which you require the information
- which legislation and / or Data Protection Act exemption you believe would permit us to disclose the information you are requesting
Please send your request to The Data Protection Officer, Horsham District Council, Parkside, Chart Way, Horsham, West Sussex RH12 1RL or email firstname.lastname@example.org