OFFICIAL SENSITIVE (WHEN COMPLETE)
Ministry of Defence Police
Request to external organisation for the disclosure of personal data to the Police
Under Schedule 2 Part 1 Paragraph 2 of the Data Protection Act 2018 and GDPR Article 6(1)(d)
To:
Position (where known):
Click or tap here to enter their position in their organisation.
Organisation:
Click or tap here to enter name of their organisation.
Address:
Click or tap here to enter address of their organisation.
I am making enquiries which are concerned with:
☐
The prevention or detection of crime*
☐
The prosecution or apprehension of offenders*
☐
Protecting the vital interests of a person*
☐ I confirm that the personal data requested below is needed for the purposes indicated above
and a failure to provide that information will be likely to prejudice those matters.
☐ I confirm that the individual(s) whose personal data is sought should not be informed of this
request as to do so would be likely to prejudice the matters described above.
*Check mark as is appropriate
Information required:
Click or tap here to enter text setting out what information is required.
Police Reference:
Click or tap here to enter Crime Reference No., Case File No. etc. where necessary
From:
Rank/Number/Name:
Click or tap here to enter details of person completing form.
Station:
Click or tap here to enter details of station where you are based.
Date/Time:
Click or tap here to enter date and time of completion.
Telephone Number(s):
Click or tap here to enter your telephone number(s).
Email address:
Click or tap here to enter your official police email address.
Signature*:
Version 1.0 23rd May 2018
OFFICIAL SENSITIVE (WHEN COMPLETE)
Counter Signature:*
Rank/Number/Name:
Click or tap here to enter details of person providing counter signature.
*as required by recipient
Please see Guidance Notes on following page
Version 1.0 23rd May 2018
OFFICIAL SENSITIVE (WHEN COMPLETE)
Explanatory Note
This form replaces the Section 29(3) Form which has become redundant by virtue of new
data protection legislation. It is used by the police as a means of making a formal request
to other organisations for personal data where disclosure is necessary for the purposes of
the prevention or detection of crime or the apprehension or prosecution of offenders. It
places no compulsion on the recipient to disclose the information, but should provide
necessary reassurance that a disclosure for these purposes is appropriate and in
compliance with the Data Protection Act 2018 and the General Data Protection Regulation
(GDPR).
Crime and Taxation - The GDPR regulates the processing of personal data where it is
done so for non-Law Enforcement purposes. Article 23 of the GDPR permitted the UK
Parliament to create, via legislation, exemptions from particular elements within the GDPR
which would otherwise compromise the public interest.
Consequently Parliament used the Data Protection Act 2018 to set out exemptions from
the GDPR which apply in some circumstances. They mean that some of the data
protection principles and subject rights within the GDPR do not apply at all or are restricted
when personal data is used or disclosed for particular purposes.
The most relevant exemption for Law Enforcement is that within the Data Protection Act
2018 at Schedule 2 Part 1 Paragraph 2 (Crime & taxation: general). This applies where
personal data is disclosed by an organisation subject to the GDPR to the police for the
purposes of
the prevention or detection of crime or
the apprehension or prosecution of
offenders.
It restricts the application of the GDPR data protection principles and subject rights (as
listed in the Data Protection Act 2018 at Schedule 2 Part 1 Paragraph 1) to the extent that
the application of those provisions would be likely to prejudice
the prevention or detection
of crime or
the apprehension or prosecution of offenders.
In effect the exemption means that an organisation can provide personal data to the police
where necessary for the prevention or detection of crime or the apprehension or
prosecution of offenders without fear of breaching the GDPR or Data Protection Act 2018.
Vital Interests – GDPR Article 6(1)(d) provides a lawful basis for organisations to disclose
personal data to the police where the disclosure
is necessary in order to protect the vital
interests of the data subject or of another natural person.
Further guidance on the use of this form may be obtained from the force Data Protection
Officer.
Completion Guidance
Police officers or staff completing this form should type and tab between the fields on the
form. The information required field should provide the recipient with sufficient information
to allow them to locate the information sought. Where a signature and/or counter signature
are required the form will need to be printed off and signed manually. Some organisations
may require a counter signature to be added to the form. Normally this should be the
supervisor or line manager of the person completing the form, but may be a higher rank if
reasonably required by the recipient.
Version 1.0 23rd May 2018