Data Protection and Subject Access
GDPR and Data Protection 2018
In May 2018 the Data Protection Act 1998 was replaced with the Data Protection Act 2018 ('the DPA') and the General Data Protection Regulation (GDPR) 2016.
GDPR regulates the processing of personal data which is not law-enforcement related, eg HR records. The DPA includes provisions which relate to personal data processed for law enforcement purposes by competent authorities, such as Police Forces and the judiciary. Whilst more complex, the new legislative framework should not prohibit or restrict the processing of personal data if it is lawful presently.
Lancashire Constabulary Data Protection Officer
The role of the Data Protection Officer is defined in the General Data Protection Regulation and Data Protection Act 2018.
This Data Protection Officer is required to perform their tasks in an independent manner and to implement the requirements of data protection legislation throughout Lancashire Constabulary. This includes:
- to inform and advise the Constabulary, its officers and staff processing personal data of their obligations;
- to monitor compliance, including the assignment of responsibilities, awareness-raising and training of staff, and related audits;
- to provide advice where requested about privacy impact assessments and monitor their execution;
- to act as the contact point for the Information Commissioner's Office on issues related to personal data.
- to act as the point of contact for individuals wishing to exercise their subject rights.
- The Data Protection Officer will seek to ensure that any correspondence from individuals’ regarding their subject rights is responded to appropriately.
The contact details for the Lancashire Constabulary Data Protection Officer is as follows:
Please see the below section regarding Subject Access. Any Subject Access requests should be sent to [email protected]
How we use Personal Information
This document explains how Lancashire Constabulary obtains, holds, uses and discloses information about people – their personal information.
Our Retention Schedule lists the categories of record that we create along with how long we retain this information for.
How does Lancashire Police uses ANPR
The Information Commissioners website contains additional information about your rights under the Data Protection Act.
Subject Access (Article 15 of GDPR Section 45 of the Data Protection Act 2018)
Want to know what data there is stored about you?
The Subject Access provisions of the GDPR and the Data Protection Act 2018 gives a person the right to have a copy of any personal data held about them. Subject Access does not provide a right to access information about other people.
A "data subject" (the person about whom the personal data refers) is entitled, upon request, to be informed whether or not personal data is held or processed about them and be provided with a copy. We request and recommend that an application form is completed which will assist with our searches. This must be accompanied by copies of identification documents.
Please note that certain exemptions may apply that could prevent us disclosing the information to you. Some of these reasons could include, for example:
- The prevention and detection of crime
- The prosecution of offenders
- The interests of national security
There are two types of Subject Access forms for requesting information:
1. Applying for Police National Computer information
ACRO Criminal Records Office is a national police unit hosted by Hampshire & Isle of Wight Constabulary.
A leader in the field of criminal records, ACRO provides a range of policing-related services for members of the public, international law enforcement organisations and non-police agencies.
Their services to the public include:
Police Certificates This certificate is for people who want to emigrate; need a visa to live and/or work abroad; or are looking to obtain citizenship or residency in another country.
International Child Protection Certificates (ICPC) If you are a UK national or have previously lived in the UK and want to work or volunteer with children overseas, you might require an ICPC.
Subject Access Requests You have the right to access information held about you on the Police National Computer (PNC). You can do so by making a Subject Access Request.
Record Deletion You have the right to apply for early deletion of records about you which are held on the National DNA Database (NDNAD), National Fingerprint Database (IDENT1) and/or the PNC, depending on certain criteria.
Please go to: www.acro.police.uk for further details about ACRO and its services.
2. Applying for locally held information from Lancashire Constabulary
To apply for personal information about yourself held by Lancashire Constabulary local systems such as incident logs, crime reports, statements, officer’s reports, criminal files, photos etc download our Subject Access Form.
By law your Subject Access application must be processed and posted to you within a maximum of 1 calendar month. Please note that every effort will be made to comply with the statutory timescales in relation to FOIA/ data protection subject access requests. However, as a consequence of the coronavirus (COVID-19) pandemic, Lancashire Constabulary will prioritise those functions and services which seek to protect the public so you may experience delays during this extraordinary period of time. The date when you should receive your reply by will be stated on your acknowledgement letter. Please note that when applying direct to Lancashire Constabulary, if the 1 calendar month deadline stated on your acknowledgement letter has not passed we are unable to help you.
To help establish your identity your application must be accompanied by copies of two different official documents which between them provide sufficient information to prove your name, date of birth, current address and signature (eg: a combination of driving licence, medical card, birth/adoption certificate, utility bill or passport.) Please DO NOT send original ID documents. Please see the application form for further details.
If you have any further queries about your Subject Access application to Lancashire Constabulary please ring the following telephone number: in the UK: 01772 412326, Overseas: +441772 412326 (Monday to Friday, between the hours of 9am and 5pm).
Data Protection Impact Assessment - Closed Circuit Television
The Data Protection Impact Assessment is required to achieve compliance with the Surveillance Camera Code of Practice and data protection legislation.
