Data Protection Officer & Data Subject Requests

Mike Kilby made this Freedom of Information request to Kent Police

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Response to this request is long overdue. By law, under all circumstances, Kent Police should have responded by now (details). You can complain by requesting an internal review.

Dear Kent Police,

Please can you provide the answers and statistics for the following questions in relation to Data Subject Access Requests made to the organisation for each calendar year between the 1st January 2018 to 25th August 2020 inclusive

1. How many Data Subject Access Request have been made to the force broken down by;
a. Requests made by the Data Subject themselves
b. Request made by a third-party on behalf of the Data Subject

2. How many requests were rejected and the broad reasons for those rejections

3. How many requests were responded to in full or in part, and for each of these;
o Whether the response was within one, two, three or longer calendar months after the valid request was received;
and where responded to outside of one calendar month;
• Whether the requestor was notified within the first calendar month of the delay to the response
• The broad categories for the delay in responding within the first calendar month

4. How many requests excluded the provision of personal data held which was later used or otherwise disclosed to the Data Subject (or a representative) for another reason, for example in evidence.

In addition to the above, please could you provide details of;
• The Name, Job Title, and Rank and Badge Number (if applicable) of the individual holding the role of Data Protection Officer for the organisation;
• If that individual has any other duties, what (in general) those duties are.
• What “professional qualities and, in particular, expert knowledge of data protection law and practices” (if any) are held by that individual in accordance with Article 35(5) of the GDPR
• If DPO the role holder is a Shared Resource, which other organisations are served by that DPO.
• How many people you have working within your Data Protection Compliance team.

Yours faithfully,

Mike Kilby

Freedom of Information Kent, Kent Police

The Public Disclosure Team acknowledge receipt of your email.

 

Please be aware that due to Government issued advice the Public Disclosure
Team will be working remotely for the foreseeable future. We therefore ask
that you only contact us via this email address and avoid telephoning our
team to chase existing requests or make a new request for Disclosure of
Information or a Subject Access Request.

We will endeavour to get back to you as soon as we can and thank you for
your patience at this time.

 

This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.
For further information regarding Kent Police’s or Essex Police’s use of
personal data please go to https://www.kent.police.uk/hyg/privacy/ or
https://www.essex.police.uk/hyg/privacy/. Additionally for our Terms and
Conditions please go to https://www.kent.police.uk/hyg/terms-con...
or https://www.essex.police.uk/hyg/terms-co...

Freedom of Information Kent, Kent Police

1 Attachment

Dear Mr Kilby,

 

FREEDOM OF INFORMATION REQUEST 20/09/1123

 

Thank you for your request received by Kent Police on 17^th September
2020. I note you seek access, in summary, to information relating to:

 

Data Subject Access Requests

 

The Freedom of Information Act 2000 (FOIA) provides that a public
authority respond to an FOI request within 20 working days. Although every
effort will be made to ensure a response is provided within statutory
deadlines, due to current circumstances delays may be unavoidable. We
apologise for any inconvenience and will endeavour to process your request
as quickly as is practicable. It is likely that a response may well be
delayed, particularly where crime data is sought.

 

Your interest in Kent Police is appreciated and pending a specific
response to your request, I enclose a sheet, which summarises your rights.
Should you have any further inquiries concerning this matter, please write
or contact us via the following telephone number 01622 652610 quoting the
reference number above.

 

Yours sincerely,

Helen Ratcliffe

Public Disclosure Officer

[1][email address]

Kent Police Public Disclosure Team

Coldharbour, London Road,

Aylesford, Kent, ME20 7SL

 

 

This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.
For further information regarding Kent Police’s or Essex Police’s use of
personal data please go to https://www.kent.police.uk/hyg/privacy/ or
https://www.essex.police.uk/hyg/privacy/. Additionally for our Terms and
Conditions please go to https://www.kent.police.uk/hyg/terms-con...
or https://www.essex.police.uk/hyg/terms-co...

References

Visible links
1. mailto:[email address]

Freedom of Information Kent, Kent Police

Dear Mr Kilby,

FREEDOM OF INFORMATION REQUEST REF 20/09/1123

Thank you for your request received by Kent Police on 17 September 2020.

Please can you provide the answers and statistics for the following
questions in relation to Data Subject Access Requests made to the
organisation for each calendar year between the 1st January 2018 to 25th
August 2020 inclusive

1. How many Data Subject Access Request have been made to the force broken
down by;

a. Requests made by the Data Subject themselves

b. Request made by a third-party on behalf of the Data Subject

2. How many requests were rejected and the broad reasons for those
rejections

3. How many requests were responded to in full or in part, and for each of
these;

Whether the response was within one, two, three or longer calendar months
after the valid request was received;

and where responded to outside of one calendar month;

• Whether the requestor was notified within the first calendar month of
the delay to the response

• The broad categories for the delay in responding within the first
calendar month

4. How many requests excluded the provision of personal data held which
was later used or otherwise disclosed to the Data Subject (or a
representative) for another reason, for example in evidence.

In addition to the above, please could you provide details of;

• The Name, Job Title, and Rank and Badge Number (if applicable) of the
individual holding the role of Data Protection Officer for the
organisation;

• If that individual has any other duties, what (in general) those duties
are.

• What “professional qualities and, in particular, expert knowledge of
data protection law and practices” (if any) are held by that individual in
accordance with Article 35(5) of the GDPR

• If DPO the role holder is a Shared Resource, which other organisations
are served by that DPO.

• How many people you have working within your Data Protection Compliance
team.

Unfortunately your request engages the cost exemption at Section 12 FOIA.
Section 12 provides an exemption from a public authority’s obligation to
comply with a request for information where the cost of compliance is
estimated to exceed the appropriate limit. The Freedom of Information and
Data Protection (Appropriate Limit and Fees) Regulations 2004 state that
the appropriate cost limit is 18 hours in the case of the Police Service.

The reasons for this are the following questions:

3. How many requests were responded to in full or in part, and for each of
these;

Whether the response was within one, two, three or longer calendar months
after the valid request was received;

and where responded to outside of one calendar month;

• Whether the requestor was notified within the first calendar month of
the delay to the response

It is not possible by automated means to determine if a Subject Access
Request (SAR) was responded in full or in part. To determine this would
require the manual review of many hundreds of records even for a single
year and is estimated the exceed the 18 working hour limit.

Whilst it is possible by automated means to determine if a SAR was
responded to within or outside of the deadline, to determine precisely
when a SAR was responded to (within one month, two months, etc.) would
require the manual review of each record, amounting to many hundreds of
records even for a single year, and is estimated to exceed the 18 working
hour limit.

It is not possible to determine by automated means if or when a requestor
may have been notified of a delay, and again this would require the manual
review of all SAR records, amounting to many hundreds of records even for
a single year and is estimated to exceed the 18 working hour limit.

When Section 12 is engaged, our duty under Section 16 requires that we
assist you in refining your request so as to bring it within the cost
limit. In this instance we would suggest the following refinement.

For question 3, we can provide the number of SAR applications responded to
within compliance, and responded to outside compliance.

Please can you also provide some clarification around question 4?
Does this mean how many requests were rejected, and then later accepted
and disclosure was made?

If you would like to proceed with the refined request please advise us and
we will log and process the new request as soon as possible. You will be
contacted with a new reference number if this is the case.

Should you have any further inquiries concerning this matter, please do
not hesitate to contact us. If you are dissatisfied with the way your
request has been handled please refer to the ‘your rights summary’ for
details of the next step you are able to take.

Yours sincerely,

 

Alan Muggridge

Public Disclosure Officer

Information Security and Governance

Kent Police

This email and any other accompanying document(s) contain information from
Kent Police and/or Essex Police, which is confidential or privileged. The
information is intended to be for the exclusive use of the individual(s)
or bodies to whom it is addressed. The content, including any subsequent
replies, could be disclosable if relating to a criminal investigation or
civil proceedings. If you are not the intended recipient, be aware that
any disclosure, copying, distribution or other use of the contents of this
information is prohibited. If you have received this email in error,
please notify us immediately by contacting the sender or telephoning Kent
Police on 01622 690690 or Essex Police on 01245 491491, as appropriate.
For further information regarding Kent Police’s or Essex Police’s use of
personal data please go to https://www.kent.police.uk/hyg/privacy/ or
https://www.essex.police.uk/hyg/privacy/. Additionally for our Terms and
Conditions please go to https://www.kent.police.uk/hyg/terms-con...
or https://www.essex.police.uk/hyg/terms-co...