Information Disclosure
Dyfed Powys Police have a duty to ensure that any information disclosures
made are lawful and made within the relevant legislation. The following may
be of assistance to you when submitting requests for information to Dyfed
Powys Police.
Freedom of Information Act 2000
The Freedom of Information Act (FOI) provides the public with a general right
of access to information held by public authorities.
There are however
exemptions to this within the Act. There are time limits within the Act, which
require the Force to deal with all requests for information promptly, but no
later than 20 working days after receipt. The 20-day clock starts the day after
the Force receives the request.
There are a number of exemptions within the Act that the Force may apply to
information requested. Exemptions that may be applicable would include, but
are not necessarily limited to, Section 30 (Investigations), Section 31 (Law
Enforcement), Section 38 (Health and Safety) and Section 40 (Personal
information- see item below regarding the Data Protection Act). A number of
exemptions carry a Public Interest Test this means that information may be
withheld under the public interest test if the public interest in maintaining the
exemptions outweighs the public interest in disclosing the information.
Alternatively information may be released under the Public Interest Test if the
public interest in releasing the information outweighs the public interest in
maintaining the exemptions. Each request is considered on a case-by-case
basis. Information released under the Freedom of Information Act 2000 is
considered as being released to the World at large.
Data Protection Act 1998
The Subject Access provisions of the Data Protection Act gives an individual
the right to have a copy of any personal data held about them, subject to
certain exemptions.
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. It is not possible to obtain information regarding third
parties under the Data Protection Act 1998.
Should you wish to know what information (if any) Dyfed-Powys Police holds
about you, or you would like confirmation that you do, or do not have a
prosecution/conviction history; you must complete a Subject Access form.
Payment of a £10.00 fee, proof of identification and sufficient information to
allow us to locate your personal data must accompany a completed
application form.
Dyfed Powys Police has a duty to ensure it processes personal information in
line with the Data Protection Act; it is essential that both staff and members of
the public are confident that Dyfed Powys Police complies with this duty.
Dyfed Powys Police has a duty to ensure that any information it releases is
released through the proper disclosure processes and does not result in an
unlawful disclosure.
Court Order
It may be possible to obtain information for court purposes through a court
order. This should be done through the Court in question.
Environmental Information Regulations
The Environmental Information Regulations provides the right to access
environmental information held by public authorities. Requests can be made
by letter, e-mail, telephone or in person.
Further information in relation to the Data Protection Act 1998, the Freedom of
Information Act 2000 and the Environmental Information Regulations can be
found on the Information Commissioner’s website @
www.ico.gov.uk
Further information in respect of information disclosure for court purposes can
be located @
www.cps.gov.uk/legal/section20/chapter_f.html
A copy of the Criminal Procedure and Investigations Act 1996 can be located
@
www.opsi.gov.uk/acts/acts1996/1996025.htm.
If you have any queries in relation to obtaining information from Dyfed Powys
Police please contact either the Freedom of Information Unit or the Data
Protection Unit.
