Your Right of Access
Section 45 of the Data Protection Act 2018 (the Act) provides individuals with a right of access to the personal data which organisations hold about them, subject to certain exemptions. Requests for access to personal data are known as Subject Access Requests (SARs).
If you do submit a SAR and we do hold information about you, in addition to a copy of your personal data held by the Office of the Police and Crime Commissioner (OPCC) for Gwent, you also have the right to be provided with:
- the purpose for the processing of their data;
- the categories of personal data concerned;
- the recipients or categories of recipient you disclose the personal data to;
- your retention period for storing the personal data or, where this is not possible, your criteria for determining how long you will store it;
- the existence of their right to request rectification, erasure or restriction or to object to such processing;
- the right to lodge a complaint with the Information Commissioner;
- information about the source of the data, where it was not obtained directly from the individual;
- the existence of automated decision-making (including profiling); and
- the safeguards you provide if you transfer personal data to a third country or international organisation.
Further information relating to the above points can be found in our Privacy Notice.
A request can be made orally or in writing and will be free of charge unless your request is considered to be excessive or repetitive or deemed to be manifestly unfounded.
If we deem one of the above to be the case we may request a reasonable fee or refuse to process your request. If a fee is applied this will be based on the administrative cost of providing the information to you.
We must provide you with your information within one month of receiving your subject access request, however we are able to extend this by a further two months if your request is complex. If there is a delay in dealing with your request we will inform you within one month of receipt of your request and explain why the extension is necessary.
We may also be required to ask you for documents to prove your identity. If this is required then the one month response period will commence from the date your identity is confirmed.
If we refuse to process your request we will explain why and inform you of your right to complain to the Information Commissioner within one month of receipt of your request
If your request is for information other than information about yourself, such as information about decisions or actions taken by the OPCC, you cannot submit it as a SAR but as a request under the Freedom of Information Act. Further information on how to submit a request under the Freedom of Information Act can be found on our Freedom of Information pages.