Data Protection

Responsibility for Data Protection

The Information Rights and Disclosure Unit at Peterlee Police Office, is responsible for managing the Chief Constable's statutory obligations in respect of the Data Protection Act, 1998 including:

  • Notification of processing to the Information Commissioner;
  • Compliance with the eight data protection principles;
  • Securing individuals rights under the Act;
  • Promoting data protection awareness through training, policy development, advice and guidance;
  • Undertaking systemic auditing of information and systems;
  • Investigation and resolution of complaints in relation to personal information.

 

Contact Details

The Information Rights and Disclosure Unit can be contacted via the following:

Telephone
0191 375 2585
 
0191 375 2584
Fax
0191 375 2290
E-Mail
Post
The Information Rights and Disclosure Unit 
Peterlee Police Station
St Aidans Way
Peterlee
Co Durham
SR8 1QR

 

General Information about the Data Protection Act Protection Act 1998 and Subject Access

 

The Data Protection Act 1998 was brought into force on 1 March 2000 and works in two ways.  It gives individuals certain rights.  It also says those who record, process and use personal information must be open about how the information is used and must follow eight enforceable principles of 'good information handling'. These principles state that data must be:

  • 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 EEA without adequate protection.

 

Subject Access

Rights of an Individual - Subject Access (Section 7 of the Data Protection Act 1998)

The subject access provisions of the Data Protection Act give an individual (a data subject) the right to access any personal data held about them.  Additionally, subject access provides a right to have inaccurate data rectified or destroyed.

However some legal exemptions exist to prevent disclosing this information in certain circumstances.  These exemptions include for example:

  • The prevention and detection of crime;
  • The apprehension and prosecution of offenders;
  • The interests of national security.

 

Obtaining Information

How to access your personal data held on the Police National Computer

Should you wish to know what information is held about you on the Police National Computer you will need to apply to the Association of Chief Police Officers Criminal Records Office (ACRO). The below ACPO Criminal Records Office link contains all instructions on how to apply. Further advice can be obtained from ACRO on 0845 6013999 or email customer.services@acro.pnn.police.uk.  This service is NOT carried out by Durham Constabulary.

ACPO Criminal Records Office provides a service for individuals wishing to find out what information is held about them on the Police National Computer.

 

How to access your own personal data on Durham Constabulary systems

Should you wish to know what information Durham Constabulary holds about you on local systems, you must complete a subject access form.  A relevant statutory fee (currently £10.00) is required plus TWO forms of ORIGINAL proof of identity documentation (which between them detail your name, date of birth and current address) must accompany the completed subject access form.

Durham Constabulary only process subject access applications from people who live within the boundaries of the Durham Constabulary area. If you live outside County Durham, please contact your local police. If in doubt, please telephone 0191 3752585.

There are a number of ways you can obtain a subject access application form:

  • From our website
  • By telephoning the Information Rights and Disclosure Unit on 0191 3752585 and leaving your name, address and postcode.
  • In person, at any Durham Constabulary police station that has front office open to the public. You can find station opening times by finding your station via the local policing pages

 
Please note: You cannot e-mail the completed subject access form back to us as you need to provide us an original signature together with the relevant statutory fee (currently £10.00) and two forms of original proof of identity documentation.  You must print and return the entire subject access form  (4 pages), as missing pages can cause delay in the processing of your application.

 

Completed Applications

When you have completed your application, you can either post it or hand it in personally at a main police station.

Post It

The Information Rights and Disclosure Unit
Peterlee Police Station
St Aidans Way
Peterlee
Co Durham
SR8 1QR
 

Hand It In Personally

You can hand your form in at any Durham Constabulary police station where front counter facilities are available. Details of these can be found via the local policing pages. If you do, a receipt for the fee paid will be issued and your original proof of identity documentation will be returned to you immediately.

Please note that once we have received your completed application, the process to provide you with information can take up to 40 calendar days.  40 calendar days is the statutory time period defined within the Data Protection Act 1998.

 

How to apply for both types of information

Please be advised that should you wish to complete both an ACRO SAR1 and a Durham Constabulary SA1 you are only required to pay one statutory fee of £10 which should be sent to ACRO with your ACRO SAR1 application.

 

Police Certificates

Individuals requiring Police Certificates for the purpose of applications for emigration, visas, work permits or residency in Australia, Canada, New Zealand, Bahamas, Belgium, Chile and the United States of America should download the application form for an ACPO Police Certificate from the ACPO website

Please note that this Certificate is processed entirely by the ACPO Criminal Records Office (A.C.R.O). All submissions and enquiries relating to this process should be directed to A.C.R.O, who can be contacted in the following ways:

 

Please do not return this application form to Durham Constabulary.

 

Further Information

Suspension of the Step-down Process

There is no longer a facility to 'step down' conviction data.  On the 19th October 2009, a judgement by the Court of Appeal in London supported retention of criminal convictions on the Police National Computer (PNC) for policing purposes.  In particular the police are obliged, under Part V of the Police Act, to provide disclosure services to other parties, including the Criminal Records Bureau (CRB), with access to all convictions held on PNC.  Therefore, the stepping down of convictions is no longer necessary and any such applications cannot be processed.

In effect, this means that all convictions will be retained on the PNC until an individuals 100th birth date.  It is also important to note that this data will now be available for disclosure to the CRB in relation to employment vetting.

New Position on the Retention of Police National Computer (PNC) Records.

A broad range of information about data protection and subject access is available from the Office of the Information Commissioner.  For further information, contact:

The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Information Commissioner information line: 01625 545745
Information Commissioner website:  www.ico.gov.uk

 

Fair Processing Notice Durham Constabulary

Durham Constabulary gathers and holds personal information which it uses for a policing purpose. 

The policing purpose includes:
    a) Protecting life and property;
    b) Preserving order;
    c) Preventing the commission of offences;
    d) Bringing offenders to justice;
    e) Any duty or responsibility of the police arising from common or statute law.

These five policing purposes provide the legal basis for collecting, recording, evaluating, sharing and retaining police information.

The Durham Constabulary will hold information relating to a range of individuals, including victims, witnesses, complainants, suspects and offenders, in connection with this policing purpose as well as details of others who work for or with the Constabulary.

All personal information is held and processed in accordance with the Data Protection Act 1998 and Statutory Code.  Anyone working with the Durham Constabulary may only use information in accordance with their policing duties.

Information held by the Durham Constabulary may be shared with other organisations where this is necessary for a policing purpose, for example information is shared:

  • With Criminal Justice systems as part of the pre-charge and post-charge processes eg prosecuting someone through the Court.
  • When working with partner agencies to reduce crime and disorder, and anti-social behaviour as required by the Crime and Disorder Act.
  • With the Disclosure and Barring Service (DBS)  which provides information to organisations in order to enable them to make safer recruitment decision by identifying potential candidates who may be unsuitable to work with children or other vulnerable members of society.
  • With other Professional and Regulatory Bodies.

 

Information is shared where specifically required to do so by statute, common law or by order of the court.

Durham Constabulary will also share information with partner agencies when the information is required to enable them to carry out their statutory responsibilities or where it is necessary to prevent harm to an individual or others.

Any disclosure of personal information is carefully considered in accordance with legislation, policy and/or information sharing agreements.

 

Body Worn Cameras
 
Since June 2014, all frontline officers and PCSOs have been issued with body worn cameras, also known as body worn videos.
 
The purpose of the cameras is to promote public re-assurance, capture best evidence, prevent harm and deter people from committing crime and anti-social behaviour. The recordings provide independent evidence that improve the quality of prosecution cases and reduce the reliance on victim evidence particularly those who may be vulnerable or reluctant to attend court.
 
The use of these cameras assist  Durham Constabulary maintain and increase ethical  delivery of our services and the footage is used to resolve complaints and rebut allegations. The use of these cameras demonstrate our commitment to the integrity, transparency and accountability agenda and assist us to deliver effective and efficient policing services.

 

You have a right to see information held about you and can request access to your own information as detailed within the Subject Access procedures.

Durham Constabulary's Registration Certificate with the Information Commissioner's Office.

 

 

 

Section 35 of the Data Protection Act

 

Section 35(2) of the Data Protection Act 1998 allows disclose of information for civil court procedures to solicitors and insurance companies for specified fees. If the subject access procedures are not sufficient for your purposes, for example you specifically require third party details in order to make a claim, you may wish to request that your solicitor applies under the wider provisions of Section 35.

 

For details of current fees and charges please follow the link to 

Durham Constabulary Fees and Charges Handbook  

 

Family Court Proceedings – Recovery of Costs

 

DETAILS OF SEARCH RECOVERY OF COSTS CHARGED
1. Police National Computer (Antecedents)
2. Police attendance at address or calls made relating to family protection and domestic violence (Incident Logging)
3. Relevant criminal file information  ​

 

 

£100 for search in any or all of 1 - 3
 ​

Update Disclosure

(where made within 6 months of initial disclosure)

 
 
£50 for search in any or all of 1 – 3 above
Audio Tapes​
£32.10 (per copy)
Video Interviews (VHS) ​
£77.40 (per copy)
Video Interviews (CDs/DVDs)​
£19.00 (per copy)
Interview/statement request from a police officer (where not prepared as part of the original investigation) ​
 
£129.00 (per interview/statement)

 

Photographs​

Court bound photographs: £25.80 for 1st photo plus £2.90 per subsequent photo. This cost is per album provided and unless otherwise requested will be the normal format provided.
Photographs onto DVD: £19.00 (per DVD) ​
​ ​ PLEASE NOTE: All photographs released are the property of Durham Constabulary and are subject to copyright. All copies required must be ordered on this form.