What laws and policies are relevant to personal
Personal information is managed in accordance with the following
legislation and policy:
- The Data Protection Act 1998
- Human Rights Act 1998
- Freedom of Information Act 2000
- Computer Misuse Act 1990
- Association of Chief Police Officers Code of Practice for Data
- Her Majesty's Government Manual for Protective Security
- Statutory Code of Practice for the Management of Police
Reference will also be made to relevant case law and to legal
guidance and codes of practice issued by the Office of the
Who is the Data Controller for British Transport
The person ultimately responsible for the management of personal
information held by British Transport Police is the Chief
Constable. All employees of British Transport Police act as
the representatives and agents of the Chief Constable know as Data
Can I get a copy of my personal information?
The Data Protection Act provides the right for the individual to
request a copy of personal information held about them by a data
controller. This is known as 'Subject Access' (see Section 7 of the
Data Protection Act 1998).
If you would like to find out whether British Transport Police
has any personal information about you and you would like a copy of
that information you can apply by contacting us using the following
Application forms are available by writing
British Transport Police
3 Callaghan Square
Telephone number: 02920 525338
Alternatively, you can download an application form from
the British Transport Police website.
Is there any reason why I will not get my information?
The Data Protection Act 1998 does contain some exemptions from
providing information following a Subject Access Request. In brief,
those most likely to be relevant to information held by the police
Information held for the purpose of safeguarding national
Information held for the purpose of preventing and detecting
crime, apprehending and prosecuting offenders BUT only when
disclosure to the applicant might prejudice those purposes.
The police service will also consider whether to disclose
information to an application might prejudice the wider public
interest or might be relevant to current or future criminal
proceedings in the courts.
Is Subject Access the same as 'vetting'?
No. Certain employers do insist on prospective
employees applying for Subject Access as a method of vetting.
We sympathise with the reasoning behind this, but the Information
Commissioner does not condone using Subject Access as a method of
vetting. It is a matter for the individual concerned to
determine whether or not he/she wishes to apply.
Organisations who wish to make safer recruitment decisions by
accessing criminal record information should contact the
and Barring Service.
Is Subject Access the same as obtaining a 'disclosure'
from the Disclosure and Barring Service (formerly
No. The DBS is an executive agency of the
Home Office. It has been set up to provide wider access to
criminal record information to help organisations make safer
recruitment decisions. The DBS assists employers in the
public, private and voluntary sectors identify candidates who may
be unsuitable for certain work, especially that involving contact
with children or vulnerable member of society.
Can I use Subject Access to get hold of someone else's
No. The Subject Access process is confidential between the
individual and the police. We cannot provide you with the
details of another person.
Do I have to complete a Subject Access
Request to provide information to third
Under Section 56 of the Data Protection Act,
it is an offence for third parties to enforce individuals to make
Subject Access Requests for personal data.
The Information Commissioner’s Office has provided guidance on
What is Disclosure Scotland?
Disclosure Scotland is available to anyone
within the UK. Disclosure Scotland is a government approved
agency that provide suitable reports for employers showing any
relevant convictions. The reports exclude any convictions
classified as 'spent' as they should not be relevant to an
employment agreement. Find out more by visiting the Disclosure Scotland
I have been asked to get a 'Memorandum of Conviction'
by an embassy. How do I get one?
A 'Memorandum of Conviction' is a court
record. If you know the date you attended court, you can
request this directly from the court. If you do not know the
date you can make a Subject Access Request through your local
police force. If you live outside of the UK, make the request
to the local police force in the area where you were last a
I made a Subject Access Request but have lost the
result. Can I get a duplicate?
Only if less than 40 days have passed since
the original reply was sent. Records can change over time (be
added to, or deleted) so a duplicate may not be useful.
Another fee will have to be paid.
I've made a Subject Access Request but haven't received
a reply. What should I do?
We have up to 40 days from the date we
received the request to give an official response. If the 40
days have passes and you haven't heard anything, please call 02920
525338. If there are any problems with your request we will
contact you immediately. You should receive an
acknowledgement of your request in two weeks after submitting your
My insurers want me to get a copy of the crime report
to support a claim. How do I get hold of it?
Most insurance companies are now signatories
to an agreement with police forces that allow direct disclosure of
certain information by the police (but only with the consent of the
victims involved). The information that can be disclosed
includes: basic crime details; complaint and investigating
officer's details; crime assessment and how the crime is being
investigated (where the information will not compromise a police
investigation); victim details (applicant only) and property
items. Please note, offender details will only be provided at
the discretion of British Transport Police, if it is proven
that the information is needed for legal proceedings or a court
order has been obtained.
I would like to know what other information (other than
convictions) is held about me by British Transport Police.
How can I find out?
Submit a Subject Access Request making it
clear what you want to know. British Transport Police holds a
variety of information about individuals on different
systems. For example, you may be recorded as a victim of
crime, a witness, an offender or a firearm certificate
holder. If an incident happened in another part of the
country, you would need to contact the relevant police force and
make another Subject Access Request.
What organisations/agencies will British Transport Police
pass my personal information to?
Disclosure or passing of personal information to other
organisations/agencies or individuals is strictly controlled. There
are some occasions when we will pass personal information to other
official agencies because we are required to do so by law or
because that agency has a legitimate reason supported by
legislation to be given the information. For example: the Health
and Safety Executive when investigating accidents, the Inland
Revenue when investigating tax fraud and Social Services when
considering child protection and welfare.
The Police work in partnership with other agencies to reduce
crime and disorder, reduce the fear of crime and protect the
vulnerable. In order to work together it is necessary to share
information. Often this information is about crime figures or areas
where crime or disorder is a particular problem. However, sometimes
it is necessary to share personal information to tackle a
particular problem involving an identified offender or victim.
Sometimes information is shared to assist the partner agency in
carrying out their lawful functions, but only when it is necessary
and proportionate to do so.
What partners will British Transport Police share information
The sharing of personal information is covered by documents,
known as protocols. These say who the sharing agencies are; when,
why and what personal information might be shared and set out
procedures for making and responding to requests for information
and keeping the information secure.