Request access to data in connection to legal proceedings
You might be an agency that requires access to personal data for the purpose of or in connection with:
- legal proceedings, including prospective legal proceedings
- obtaining legal advice
- establishing, exercising or defending legal rights.
Under the Data Protection Act we may be able to provide you with access to information using the legal proceeding exemption.
However, it should be noted that if there is an alternative option for obtaining the information then this option will be considered and reviewed first, even if the application for disclosure cites the act.
Before you start
We may need to verify your identify before we can proceed with your request. If this is the case, you will need to provide two copies of ID to confirm who you are. You will be shown a list of which ID is accepted when you apply.
If you are making a request on behalf of another person, you will also need to provide their ID and their permission for you to act as their representative.
How much will it cost?
The cost depends on the type of request you are making.
What information do I need to provide?
Providing certain information will enable us to identify you as a person with statutory authority to make a request under the exemption. You should include the following information so that we can contact you once a decision has been made.
- name
- job title
- organisation
- address
- secure email address
- telephone number
You should specify the information you are looking for and also provide any other details which would enable us to locate the data such as the following:
- directorate or section the individual has had contact with
- where the data is likely to be held
- the dates when the individual was in contact with us
You can attach any additional documents which may help us to locate the information or identify the data subject.
For the purposes of crime prevention or apprehension and conviction of an offender the requested information should relate to a specific individual. This exemption must not be used for trawling information as these requests will be refused.
You should supply details of the offence. Where you are unable to specify the offence please provide as much information as possible to enable us to make an informed decision.
How can I make a request?
You can make your request to gain access to personal information held by us under the crime and taxation exemption online.
What happens next?
When we receive your request we will assess whether or not this information will be released. For requests from the police the form must be authorised by a person no lower than Police Inspector.
If we do not consider the level of authorisation to be sufficient, we may request further authorisation or to refuse to supply the information.
How long will it take?
We will respond to your request within one calendar month, unless you have made more than one request or the enquiry becomes complex, when this occurs your request can take an extra two months to complete.
If your request is urgent, please indicate the timescale in which you require the information. Dependent on number received, volume and nature of the request it may take up to five working days to process.
What if I am unhappy with your response?
If you are unhappy with how we have handled your request, use one of the methods below to highlight your concerns:
- Contact the DPO
- By post: Data Protection Officer, Cheshire West and Chester Council, The Portal, Wellington Road, Ellesmere Port, CH65 0BA