Right of Access - Requesting your personal data
Under the Data Protection Act 2018, subject to certain exemptions, you have the right to access your personal data and receive supplementary information under the Right of Access. This right allows you to the following:
- confirmation that the CPS is processing your personal data;
- a copy of your personal data; and
- other supplementary information such as the categories of personal data concerned and information about its origin and the right to raise a complaint with the Information Commissioner.
These requests are processed by the Information Access Team (IAT) of the Crown Prosecution Service.
How your request is processed
Any information that you are entitled to should be provided within one month and will be free of charge. Where further information to confirm identity is required the time period of one calendar month will not begin until this has been received.
In some circumstances, the CPS can extend the time to respond by a further two months. If we need to do this we will let you know within one month of receiving your request and explain why the extension is necessary.
Why some information may not be provided or your request refused
The CPS may prevent access to some information where the Act allows. The following may not be disclosed to you:
- Information that is subject to legal professional privilege
- Information relating to another individual
- Information that relates to the prevention or detection of crime, the apprehension or prosecution of offenders
The CPS may refuse a request if it is manifestly unfounded or excessive, taking into account whether the request is repetitive in nature. If the CPS decides to deal with the request it can charge a reasonable fee.
How to make your request
You will need to contact the Information Access Team (IAT) of the CPS in one of the following ways:
Telephone: 020 3357 0788
The Information Access Team
Crown Prosecution Service
102 Petty France
London SW1H 9EA
There is no requirement for a request to be made in writing. However, to assist you and the CPS, a form of request is available for you to use to submit your request.
What you need to provide
You will need to provide the following information:
- Your name and contact details
- We will need you to confirm your identity by providing two current forms of identification which between them must show the following:
- Your name
- Your date of birth
- Your signature
Suitable ID documents include all official documents such as driving licence, full birth/adoption certificate or passport.
- We will also require proof of address. Suitable forms of ID include bank statements/utility bills or other documentation that is dated within the last six months.
As the CPS processes sensitive data we will not begin processing your request until we have received confirmation of your identity.
Current staff members who submit a request using the internal email system will not need to provide proof of identification.
It would be helpful if you could complete the attached form stating what personal information you are seeking. This will also help us to conduct the necessary searches to locate this information. The completed form should be sent to the IAT either by post or by email.
Third party applications
If you are making a request on behalf of another person (third party) you will need to send a signed letter of authority from that person (the person who the information is about) giving you permission to receive their personal data. You will also need to send proof of identity for yourself and the person whose data is being requested.