Requests from police and other third party agencies for personal information

There are two ways under which the police, the CPS and other third party agencies might request access to personal information that may be held by the council.

Please see the information below to help you decide which is the most appropriate method.

1. Disclosures under Schedule 2, Part 1, para 2 of the Data Protection Act 2018

The Data Protection Act 2018 (the DPA) permits police and other agencies to request information for the following purposes:

  1. The prevention and / or detection of crime;
  2. The apprehension and / or the prosecution of offenders; or
  3. The assessment and collection of taxes or other impositions of a similar nature.

If you want to make a request for access to personal data under this provision, you must use the council’s Crime and taxation exemption form.

Once this has been counter-signed by a senior manager or investigating officer, please return the completed form to where your request will be passed to the relevant service to consider and respond.

Please note that when a request under Schedule 2 of the DPA is received, the council will consider the information that has been requested, the reasons why it has been requested, and will decide what, if any information, may be disclosed. The council maintains its right to exercise its own judgement in balancing the rights and interests of the applicant, the council, and the data subject.

2. Requests under Part B of the 2013 Protocol and Good Practice Model for disclosure into the Criminal Justice System

Part B of the 2013 Protocol and Good Practice Model (the Protocol) permits the police and the Crown Prosecution Service to request disclosure of personal information where they are investigating cases of alleged child abuse (including historical).

All requests for access to personal data under Part B must be made using the Annex C form, as required by Part B, para 9 of the Protocol.

Material relating to Family Court Proceedings will not be made available without the consent of the court or in accordance with the Family Proceedings Rule 2010.

Once the Annex C has been completed and signed off, please return it to where your request will be processed in line with the Council’s current policy.

Please see the council’s Disclosure Protocol for information about how it deals with requests for disclosures made under Part B.