Right of Access - Requesting your personal data
Under the Data Protection Act 2018, subject to certain exemptions, you have the right to access your personal data and receive supplementary information under the Right of Access. This right allows you to the following:
- confirmation that the CPS is processing your personal data;
- a copy of your personal data; and
- other supplementary information such as the categories of personal data concerned and information about its origin and the right to raise a complaint with the Information Commissioner.
These requests are processed by the Information Access Team (IAT) of the Crown Prosecution Service.
How your request is processed
Any information that you are entitled to should be provided within one month and will be free of charge. Where further information to confirm identity is required the time period of one calendar month will not begin until this has been received.
In some circumstances, the CPS can extend the time to respond by a further two months. If we need to do this we will let you know within one month of receiving your request and explain why the extension is necessary.
Why some information may not be provided or your request refused
The CPS may prevent access to some information where the Act allows. The following may not be disclosed to you:
- Information that is subject to legal professional privilege
- Information relating to another individual
- Information that relates to the prevention or detection of crime, the apprehension or prosecution of offenders
The CPS may refuse a request if it is manifestly unfounded or excessive, taking into account whether the request is repetitive in nature. If the CPS decides to deal with the request it can charge a reasonable fee.
How to make your request
You will need to contact the Information Access Team (IAT) of the CPS in one of the following ways:
Email: IAT@cps.gov.uk
Telephone: 020 3357 0788
By post:
The Information Access Team
Crown Prosecution Service
102 Petty France
London SW1H 9EA
There is no requirement for a request to be made in writing. However, to assist you and the CPS, a form of request is available for you to use to submit your request.
What you need to provide
You will need to provide the following information:
- Your name and contact details
- We require two official forms of Identification which between them clearly show:
- Your Name
- Your Date of Birth
- Your Current Address
- Your Signature
We accept photocopies of all official documents such as driving licence, full birth/adoption certificate, passport, bank statements and utility bills dated within the last six months. If you are sending a driving licence or passport you must also submit a utility bill or bank statement dated within the last six months. We do not accept a passport and driving licence sent together due to the extended expiry dates.
If the contact you have had with the Crown Prosecution Service (CPS) is in a different name, such as a maiden name, please provide additional documents to support this such as a deed poll or marriage certificate.
Current staff members who submit a request using the internal email system will not need to provide proof of identification.
Third party applications
If you are making a request on behalf of another person (third party) you will need to send a signed letter of authority from that person (the person who the information is about) giving you permission to receive their personal data. You will also need to send proof of identity for yourself and the person whose data is being requested.