Data protection FAQs

What is personal information/data?

Personal information/data is information about you.

What is 'Subject Access'?

The Data Protection Act 1998 gives you the right to ask in writing whether there is any personal data that Kent Police hold or has processed about you. This is the right of Subject Access.

If personal data is held about you, you can be given a copy of that data and the reason/s why is it held. Please note that certain exemptions may apply that could prevent us  from disclosing the information to you. Some of the reasons could include; the prevention and detection of crime, the apprehension and prosecution of offenders or the interest of national security.

Can I use Subject Access to get hold of someone else’s records?

No. The Subject Access process is confidential between the individual and the police. We cannot provide you with the details of another person. It is a serious offence for someone to fraudulently apply as another individual to gain access to their personal data.

How much does a Subject Access Request Cost?

Each Subject Access request costs £10 (sterling). We accept Credit and Debit Cards, Cheques, International Bankers draft, British Postal Orders and cash. All cheques and Postal Orders must be made payable to Kent Police. Overseas cheques must have a United Kingdom bank clearing facility. On Payment, we will issue you a receipt.

How can I get a 'Police Clearance certificate' or a 'Certificate of good conduct'?

Police in the United Kingdom do not issue 'Certificates of good conduct' or 'Police Clearance Certificates', however in our experience foreign embassies will generally accept a police reply under the Subject Access provisions of the Data Protection Act 1998 as a suitable equivalent. Individuals requiring Police Certificates for the purposes of emigration, visas or residency in Australia, Canada, New Zealand, South Africa and the United States of America should download the application form for an ACPO Police Certificate from the ACPO website.

Please note that this certificate is processed entirely by the ACPO Criminal Records Office(ACRO). All submissions and enquiries relating to this process should be directed to ACRO. Please do not return this form to Kent Police. To contact ACRO:
Call: 0845 6013999 (during office hours of 08:30 –16:30, Monday to Friday).
E-mail: acro.policecertificates@acro.pnn.police.uk
Address: ACRO, PO Box 481, Fareham, PO14 9FS

My employer has asked me to provide a Police Check/Certificate for work purposes.  How do I make this request?

Kent Police does not provide Police National Computer (PNC) disclosures for employment vetting services. If you require a disclosure for employment purposes, please contact Disclosure Scotland on 0870 609 6006 or via their website: www.disclosurescotland.co.uk.  The current procedure whereby companies require individuals to exercise their rights under Subject Access provisions of the Data Protection Act 1998, as a form of vetting, has been considered to be unlawful for many years and is against the spirit of the legislation. When Section 56 of the Act is implemented, it will become a criminal offence for the employer to ask individuals, as a condition of employment, to go through this process.

If you are going to work as a paid employee or volunteer for an organisation and your work will bring you into contact with children or vulnerable adults and you have been asked to apply for a CRB check, you must contact the Criminal Records Bureau (CRB) and follow their procedures. To contact CRB:
Call: 0870 9090811
Website: www.crb.homeoffice.gov.uk

Where do I send my completed form?

Completed application forms can only be returned by post to: Information Compliance Unit, Kent Police Headquarters, Sutton Road, Maidstone, Kent, ME15 9BZ. Please note your form will not be accepted at your local police station.

How long will my Subject Access application take to process?

By law your Subject Access request must be processed and posted to you within a maximum of 40 days. When your completed form is received you will be issued with a receipt which will state the 40 day limit.

Is it possible to speed up applications?

Under the Data Protection Act 1998 your application will take up to 40 days to process from the date recorded on your receipt. In some cases, where information may be held on the Police National Computer, your request will be passed to ACRO, who will reply to you directly. Due to the volume of applications that they receive, the ACPO Criminal Records Office cannot expedite or prioritise any applications. 

How can I prove my identity?

To help establish your identity your application must be accompanied by copies of two different official documents, which between them provide sufficient information to prove your name, date of birth, current address and signature. For example, a combination of a passport, driving licence, medical card, birth/adoption certificate, utility bill or bank statement.

Can I send photocopies of my identity documents?

Yes, but we reserve the right to request original documentation in some cases. All original documents will be returned by post.

How do I get my reply sent to an address, which is different to the address stated on my application form?

This can be arranged, providing you enclose a letter of authority signed by yourself, detailing where you want the reply sent and including relevant dates if applicable.

Who can I contact for further information?

If you have any further queries about you application please call:
From the UK: 01622 652617 ( Monday to Friday between the hours of 09:00-17:00)
From overseas: +441622 652617
If outside normal office hours, or if you need to leave a voice message please call 01622 652669 (or +441622 652669).

I made a subject access request but have lost the result or require a duplicate, how do I apply for another one?

You can apply for a duplicate only if less than 40 days has passed since the original reply was sent. Another fee of £10 will be required. If more than 40 days has passed a new application will have to be submitted as records can change over time.

I have received my request in the post but it still shows my caution/conviction which I thought had been stepped down.

On the 19th October 2009 a judgement by the Court of Appeal in London supported the retention of criminal convictions on the PNC (Police National Computer) for policing purposes. In particular the police are obliged (under Part V of the Police Act) to provide disclosure services to other parties, including the Criminal Records Bureau (CRB), with access to all convictions held on PNC. Therefore the stepping down of convictions is no longer necessary and consequently your request to remove your caution/conviction can not be processed.

In effect this means that all convictions will be retained on the PNC until an individuals 100th birth date. It is also important to note that this data will now be available for disclosure to the CRB in relation to employment vetting.