Requests for disclosure of personal data from the Police and other agencies

Competent authorities such as the Police, Government departments including HMRC and other Local Authorities or Public Bodies acting under regulatory powers can request the release of personal information held by the City of Bradford Metropolitan District Council for specified purposes.

Whilst we may be able to release information under Schedule 2, Part 1 of the Data Protection Act (DPA) 2018, this does not give an automatic right of access to information. The Act states that public bodies can assess the merits of requests and decide whether or not to apply the exemption.

There is no obligation on the Council to disclose information even in cases where the exemptions apply. If the Council have genuine concerns about releasing any personal information (for example, it may have other legal obligations such as the information being confidential) then we may ask for a court order requiring release of the information.

Recipients will become the data controller in respect of any personal information that is disclosed to them pursuant to a request.  Therefore, the recipient must adhere to all relevant data protection legislation in handling of the disclosed personal information.

How to make a request

Organisations wishing to request disclosure of personal information held by the Council must complete the correct request form.  For the Police, the Authorising Officer must be ranked Police Inspector or higher and for other ‘relevant bodies’ a Senior Manager. 

We are prepared to accept an email from the authorising Inspector, attaching the disclosure request stating clearly that they are authorising the form if there are circumstances where a handwritten/wet signature on the form cannot be obtained.

Please note: if the form has not been fully completed and authorised, you will be asked to resubmit the request. Where the Council does not have enough detail to decide whether disclosure is necessary, the application will be refused. We will notify you if we do not hold the requested information or if your request for disclosure is refused. 

For more information, please refer to the guidance notes designed to assist you complete the relevant request form (appendix 1). However, if you require any assistance please email your details and query to dpo@bradford.gov.uk  

The purpose of the form(s) is to enable the Council to respond to requests for the disclosure of personal data by providing the necessary information to locate the data in question. It also allows us to make an informed decision concerning the request for release of the information.

Information can be requested under the Data Protection Act 2018 (previously s29 DPA 1998) under the following:

Schedule 2 Part 1, Paragraph (2)(1) Crime and Taxation

Requests to access personal data can be made without the consent of the Data Subject for the purposes of:

• prevention or detection of crime
• the apprehension or prosecution of offenders
• the assessment or collection of a tax or duty or an imposition of a similar nature

To submit a request under the DPA 2018 Schedule 2, Part 1(2) please:

1. Complete the Schedule 2, Part 1(2) disclosure request form (Word, 65 Kb)
2. Ensure the form is authorised by an Officer ranked Police Inspector or higher and for other ‘relevant bodies’ a Senior Manager.
3. Email the form to the Corporate Information Governance team dpo@bradford.gov.uk

Schedule 2 Part 1, Paragraph (5) (1-3) information required to be disclosed by law or in connection with legal proceedings

Schedule 2 Part 1, Para (5) (1-3) of the Data Protection Act 2018 allows the Council to disclose personal information where it is required for legal proceedings. Applications for disclosure of information relating to civil cases are considered on a case-by-case basis.

To submit a request under the DPA 2018 Schedule 2 Part 1, Para (5) (1-3) please:

1. Complete the Schedule 2, Part 1, Para (5) (1-3) disclosure request form (Word, 66 Kb)
2. Ensure the form is authorised by an Officer ranked Police Inspector or higher and for other ‘relevant bodies’ a Senior Manager.
3. Email the form to the Corporate Information Governance team to dpo@bradford.gov.uk

How we process your disclosure request

Your request will be assessed to ensure that it falls within the scope of Schedule 2, Part 1(2) or (5) of the Data Protection Act 2018 and is proportionate to the reason the information is being requested.

There is no statutory time limit within which local authorities are expected to respond to requests made under Schedule 2, Part 1 but we will endeavour to provide the requested information as soon as possible.

Where to send your request

Requests can be submitted either via email or by post:

Via email: dpo@bradford.gov.uk

We recommend that you use a secure email solution for sending personal or confidential information to us.

Via post: Corporate Information Governance Team, City of Bradford Metropolitan District Council, City Hall, Centenary Square, Bradford BD1 1HY.

If you choose to post your request, please ensure it is sent securely, ensuring the envelope is marked 'Private and Confidential'.

Further information

For further information on making requests to a public body and the reasons the Council must take into consideration when deciding to release information please see the Information Commissioner's Office guidance about exemptions.

Please note: there is no obligation on the Council to disclose information under this provision.