How to apply for a subject access request

Guidance notes

When you make a subject access request under the Data Protection Act 1998 and General Data Protection Regulation, we must satisfy our self as to your identity to ensure that any information subsequently disclosed does not fall into unauthorised hands. Accordingly, if you wish to make a request for information under the act, we will need further proof of your identity.

To make a request for information you will need to follow these guidance notes:

  • Personal details: Make a request in writing providing your personal details, including your full name and address. Please tell us if you have been previously known by any other name. If you have lived at your present address for less than two years, please supply your previous address. If you are requesting historical information then provide as many details as possible; for example, previous addresses with dates. Use a separate sheet of paper if required.
  • Requesting information on behalf of someone else: Under Article 15 and Recital 63 of the General Data Protection Regulation, only the data subject has a right to ask to see their own records. We normally expect the subject access request to be made by the data subject; all individuals aged 16 or over should make their own subject access requests if they have the mental capacity to make their own decisions (mental capacity as defined in the Mental Capacity Act 2005), unless they appoint someone else to make the subject access request on their behalf. People making subject access requests on behalf of the data subject need to demonstrate that they have the right to do so.
  • Information sought - details of the information you require: Provide sufficient details to locate the information you are requesting so that we can give you what you require without further correspondence. If the information you require is held in only one place you should identify that place if you can, for example, a particular department of the council. You should also give any relevant reference numbers or dates. These details are required to assist the location of your information so you can be given a copy of everything held about you, as required by the Act.
  • Proof of identification and entitlement: Provide suitable proof of identity. Proof of name and address is required to ensure we only give information to the correct person. We require two photocopied pieces of documentation, for example, a driving licence or passport and a recent utility bill (less than 3 months old) or a bank statement showing your name and address. Do not send original documents by post. We are happy to accept photocopies signed by the witness. Alternatively, important documents can be brought into the council’s reception at: Hinckley Hub, Rugby Road, LE10 0FR. Hinckley & Bosworth Council cannot be held liable for items lost in the post.
  • Declaration and payment: Please ensure your application is witnessed by someone who is over the age of 18 and not related to you. We will not process forms returned unsigned. Hinckley & Bosworth Borough Council reserves the right under the Data Protection Act to charge a search fee of £10 for each separate request. The fee is not refundable if the result of the search shows that there is no information to be supplied and searches may attract an additional £10 fee if more than one person’s records are requested.

The more information you provide in your request, the easier it will be for us to make sure that you get the information you want.

Time period

We will acknowledge your application upon receiving your subject access request and we may need to contact you for further information. Please note, your application will not be complete (valid) until we have all the information we need to process your request. 

We are legally obliged to provide you with the information you are entitled to under the General Data Protection Regulation within one month, unless an exemption applies. The one month starts from the date of receiving a valid request.

For further information on how to apply for a subject access request

Last updated: 25/04/2019 9:14