The Data Protection Act 1998 was brought into force on 1 March 2000. The Act gives individuals certain rights in relation to accessing personal data. It also ensures that those who record and use personal information must be open about how the information is used and must follow the eight principles of "good information handling":
- Processed fairly and lawfully
- Processed for limited purposes
- Adequate, relevant and not excessive
- Accurate and up-to-date
- Not kept longer than necessary
- Processed in accordance with the data subject's rights
- Secure
- Not transferred to countries outside European Economic Area (EEA) without adequate protection.
SCDEA's Data Protection Policy and Standard Operating Procedure comply with the Data Protection Act 1998.
Subject Access
The Subject Access provisions of the Data Protection Act 1998, give an individual the right to apply for a copy of any personal data held about them.
Section 7 of the Data Protection Act 1998, states that a 'data subject' (the person to whom the personal data refers) is entitled, upon written request, to be informed whether or not personal data is held or processed about them.
Please note that SCDEA cannot provide information from the Police National Computer (PNC), (the PNC holds details of English and Welsh convictions), or any other Police database as required for emigration to many countries, including Australia and the USA.
Should you require information from the Police National Computer (PNC) or information from police databases for employment overseas or emigration, please contact the Police Force in the area in which you reside or last resided. Contact details for each force are available from their respective web sites:
Northern Constabulary
Grampian Police
Tayside Police
Central Scotland Police
Fife Constabulary
Strathclyde Police
Lothian and Borders Police
Dumfries and Galloway Constabulary
A Police Force will require payment of a £10 fee and proof of identification must also be provided. Once a Force has received your completed application, the process to provide you with information can take up to 40 days.
If your requirement is only for a copy of your unspent conviction history, this can be obtained be applying to: Disclosure Scotland, 1 Pacific Quay, Glasgow, G51 1EA (Tel: 0141 585 8495) who will provide you with a Criminal Conviction Certificate (a Basic Disclosure). This Certificate can also be obtained online at http://www.disclosurescotland.co.uk/apply/
If you require a copy of your information to which you are entitled held on the Scottish Criminal History System (SCHS), (a copy of your Scottish Conviction History and current pending cases), please complete all sections in the subject access request form below and return the form together with the necessary verification details and a fee of £10 to:
Information Assurance Officer, SPSA, Elphinstone House, 65 West Regent St, Glasgow, G2 2AF (Tel: 0141 585 8408).
(Cheques/Postal Orders should be made payable to 'Scottish Police Services Authority'. Credit cards are not acceptable).
The application cannot be dealt with by e-mail. But if you send the completed form by email, your application will not be processed until identification documentation and the £10 fee have been received by post.
A response will be provided within 40 days of receipt of the completed form, fee and proof of identity.
SPSA Request for Access to Information form
If you want to request information to which you are entitled from the Scottish Crime and Drug Enforcement Agency (SCDEA) please complete the subject access request form below and return the form together with the necessary verification details and a fee of £10 to:
Information Assurance Officer, SCDEA, Osprey House, Inchinnan Road, Paisley. PA3 2RE.
(Cheques/Postal Orders should be made payable to 'Scottish Crime and Drug Enforcement Agency'. Credit cards are not acceptable.)
SCDEA request for Access to Information Form
Requests for other information must be directed to the Police Force in the area in which you reside or last resided prior to leaving Scotland.
