Rights of the data subject

Data protection act 2018 - Nottinghamshire Fire and Rescue Service subject access form

An individual has a right to access their personal information help by a Data Controller under the Data Protection Act 2018. Under this Act individuals have the right to obtain:

• confirmation that their data is being processed;
• access to their personal data; and
• other supplementary information relating to the processing of their data

Certain employers and organisations such as recruitment agencies may attempt to exploit the subject access process by requiring individuals to use it to obtain a copy of their information as part of scheme, recruitment or continuing employment processes.

This practice is known as enforced subject access as covered by Section 184 of the Data Protection Act 2018. It is a criminal offence for a current or prospective employer or recruitment agency to require an individual to make a subject access request as a condition of employment or for the provision of goods or services.

Subject access form guidance notes

Your Rights under the Data Protection Act 2018

Under the Act, individuals have the right to obtain:

• confirmation that their data is being processed;
• access to their personal data; and
• other supplementary information - relating to the processing of your information/records retention periods and rights to have records amended/deleted

You have the right to be told whether any information is help about you and a right to a copy of that information unless exemptions apply. You will be provided with that information only if you have provided satisfactory proof of your identity. Information may not have to be provided if someone else can be identified or have been provided by another person, you may want to get that person's written agreement to enable the information to be given to you. In addition to their consent, they will also need to provide two proofs of identity.

Nottinghamshire Fire and Rescue Service Rights

Nottinghamshire Fire and Rescue Service may refuse to provide information where disclosure may have a prejudicial effect on the following Policing purposes:

1. the prevention and detection, or
2. the apprehension or prosecution of offenders

The Nottinghamshire Fire and Rescue Service has the right to ask that you provide documentation to verify your identity. Consequently, Section 4 asks you to provide evidence of your identity and address by supplying copies of at least two official documents which, between them, provide sufficient information to prove your name, date of birth, current address and signature - further information on this is provided below.

If your request is deemed 'manifestly excessive or unfounded', Nottinghamshire Fire and Rescue Service has the right to:

• charge a reasonable fee taking into account the administrative costs or providing the information; or
• refuse to respond

Where a request is refused on the grounds of being manifestly excessive or unfounded you will be advised of this.

How to submit a request

1. Complete Sections 1, 2, 3, 4 and 5 (if required)
2. Include proof of identity. To help establish your identity this application must be accompanied by two official documents which between them clearly show:
   • Your name
   • Current postal address
   • Date of birth
   • Signature

   For example: birth certificate, driving license, passport, medical card, benefit(s) book, pension book or bank book.

   If you represent or are nominated by the subject to make the request on their behalf, you will need to supply the above proof of ID for the subject and show the explicit consent of the subject. Please refer to section 2 and 4 of the form. Organisations will in addition need to provide a headed letter stating you act on the individual's behalf and their explicit consent to do so.

3. Should you have any further enquiries concerning this matter, please write or contact the Corporate Support via e-mail or letter.

   Email: DataProtection@notts-fire.gov.uk

   Corporate Support, Nottinghamshire Fire and Rescue Service, Joint Headquarters, Sherwood Lodge, Arnold, Nottinghamshire, NG5 8PP

What happens next

Your application will be processed and a response sent to the address provided on the form. If you require your response sending to a different address please specify this within Section 2 of the application.

if you consent to your response being disclosed to your personal email address, then please provide a valid email address in Section 1 and tick the box in Section 2 to confirm that you are happy to receive a reply by email only. Please note that email is an unsecured method of delivery and Nottinghamshire Fire and Rescue Service cannot be help responsible for the loss or unauthorised access of information if you elect to receive your response by this method.

If email delivery is not required, disclosure will be made by special delivery to the address stated within your request form. A signature will be required form you to accept delivery. If your request does attract any fees we will contact you directly to discuss this prior to any work being undertaken.

You should receive a reply within 1 month from the date the completed application form is received by us. In some circumstances we have the right to extend this period by an additional 2 months if the request is excessive or complex. If your request is subject to a deadline extension we will contact you to advise you of this within 1 month of receipt of your request.

Please be advised that only the first copy of any disclosure is provided free of charge. Requests for any subsequent copies of disclosures will attract a fee.

Please read the guidance notes before completing your application.