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Subject Access DisclosureSample letter |
Word version |
Address of Sender
Telephone number Recorded Delivery
The Data Protection Officer/Data Controller [Date]
Dear Sir/Madam Re SUBJECT ACCESS DISCLOSURE Please forward by return an application form and relevant documentation so that I may obtain full subject access disclosure of all information you hold including any expression of opinion about me and any indication of anybody’s intentions in respect of me [or if not yourself, the name of the person you are acting for] either on computer records or in hand written files, police officers notebooks, CID journals and desk diaries relating to the investigation, prosecution and conviction of [insert full name of person concerned if not yourself together with the date and place of trial and any other reference you may have]. I understand that the maximum fee that I can be charged to obtain this information is £10.00, which I will forward to you with my completed application form along with the necessary proof of identification for your attention. [If the fee charged is less than £10.00 the agency concerned will advise you-sometimes no charge is made for this service]. [If acting on behalf of a third party insert the following: I will forward the necessary confirmation of authority from [insert person's name on whose behalf you are acting], authorising me to act on their behalf in these matters, together with the necessary forms of identification and the statutory fee of £10.00, when I return the completed application form for your attention.] Thank you in anticipation of your assistance in this matter. Yours faithfully
[Signature of sender (print name underneath signature)]
Copy to [insert MP's name] |
Notes |
This letter can be easily adapted to request Subject Access disclosure from any agency for example:
Please remember that the Police and CPS do not have to disclose information in relation to an investigation that is still ongoing, but once convicted and the case is closed, you are entitled to disclosure of information held in relation to yourself or with written authority to act on behalf of a prisoner in custody. You will need to send various forms of identification for the person whose data you are requesting together with written authority to act on their behalf: with the completed application form and fee. It would be wise to send all correspondence relating to these matters by recorded delivery. The form should be completed as fully as possible in order to avoid any delay in releasing the necessary information. There is a time limit of forty days from when the necessary forms and fee have been received for the information to be disclosed; otherwise the agency concerned could be liable for prosecution by the Information Commissioner. The length of time that data is kept can vary greatly from one agency to another so the sooner information is requested the better. If you have the help and support of your MP it is a good idea to send copies of your request to them as not only does it keep them 'involved' in your case it more often than not makes the agencies concerned act promptly when they believe an M P is involved. This information on Subject Access disclosure is not exhaustive, but it is a good starting point for those of us trying to obtain information in the pursuit of justice. Any queries or issues in relation to your rights or those of a prisoner in respect of Subject Access disclosure under the Data Protection Act 1998 can be referred to: The Office of the Information Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF Telephone 01625545700 (switchboard) 01625545745 (information line). Homepage: www.dataprotection.gov.uk The Registrar: www.dpr.gov.uk The Association of Chief Police Officers (ACPO) publishes its own Freedom of Information Manual online as a Word document |