The Data Protection Act 1998 provides individuals with a right of access to information that may be held about themselves. This is called subject access. It is a qualified right of access, which does not extend to certain types of information including that which might identify other individuals whose data is held under a duty of confidence.
Subject Access
The Subject Access provisions of the Data Protection Act give an individual the right to have a copy of any personal data held about them. Section 7 of the Data Protection Act 1998 states that a ‘data subject’ (the person about whom the personal data refers) is entitled, upon written request, to be informed whether or not personal data is held or processed about them.
Should you wish to know what information (if any) the Lancashire Fire and Rescue Service holds about you, you can apply to here by completing and returning the Subject Access Form You will need to read the Subject Access Guidance that accompany this form.
Once we have received your completed application providing you with information can take up to 40 days. For people considering applications for information to use in civil proceedings please carefully read the important to recognise that -The Data Protection Act provides a right in law for individuals to be advised whether, and what, information an organisation is processing about them. In replying to applicants, Lancashire Fire and Rescue Service will pay due regard to the exemptions from this general right of access and may decline to provide such information where one or more of the following circumstances apply:
1. The release of the information could lead to the identification of another individual to whom Lancashire Fire and Rescue Service have a duty of confidence (this will often be where the recorded information involves more than one individual/property, e.g. an incident report may identify individuals from a number of properties. The requestor will not normally be given personal details of other individuals).
2. Information being processed for the prevention or detection of crime or the apprehension or prosecution of offenders. (We will not release intelligence about an individual under these provisions if doing so could undermine any criminal proceedings being undertaken by Lancashire Fire and Rescues Service)
3. Paper/manual records being processed, these could include investigation files. (Whilst the searching of electronic records can normally be completed using automatic search tools, searching for hand written records cannot and Lancashire Fire and Rescue Service will often need to be advised where such information is held before they can accept such a request. Even where such paper records can be located if the cost of reviewing and releasing the information would be likely to exceed £450 then it is outside the right of access granted by Parliament.)
It should also be noted that release of personal information under this legislation is limited to information ‘relating to the applicant.’ It does not give a person access to information relating to other individuals. Information not relating to the applicant will be edited out.
Information released under this legislation allows individuals to satisfy themselves that where information is being processed about them, it is accurate, it is not excessive and it is not being kept longer than necessary. It is, therefore, unlikely that this method will be an appropriate way to obtain information about others, nor is it likely to be suitable for individuals considering, or taking, legal action against an individual or organisation. In such circumstances the normal legal channels of discovery are generally more appropriate.
When requesting information it will assist us to assist you if you can tell us what the information you are seeking relates to, together with the date, time and location of any particular occurrence.