Access to Files

The Data Protection Act 1998 provides a right of access to personal information about you held by public authorities and private bodies. It also requires those holding personal data about you to explain why they are holding that data and to tell you to whom else the data may be disclosed. 

To obtain access you should write to the person holding the information (the data controller) saying that you are applying. Under Section 7 of the Data Protection Act 1998 for access to any personal data about yourself.  If you are not sure who to write to check with the Data Protection Register, under the Data Protection Act organisations have to provide contact details on their Data Protection Register entry. 

The data controller should normally give you access to any data held within 40 days of receiving your request.

You can apply for access to your files at any age as long as you are old enough to understand the nature of your request.

For most records your rights are limited to access to information held on you in structured files i.e. files that bear your name or some other identifying feature such as your address.  However, with health, social work, housing and school records you have the right to see any record held on paper.  So for instance if a letter about you has been filed in a general correspondence file rather than in your own file you would still have the right to see it.

With social work records information can be withheld from you if the data controller feels that access would be likely to cause serious harm to you, or any other person’s, physical or mental health.

The data controller does not have to reveal to you which exemption they are relying upon to justify withholding information from you.  If you feel that the data controller may be unjustly withholding information from you then you can ask the Information Commissioner to look into the matter for you.  The Information Commissioner can provide you with further information to enforce your rights or he can consider your complain and make an assessment.  If he believes your rights have been breached he may issue an enforcement notice to the data controller.  Failure to comply with that enforcement notice is a criminal offence. 

The Information Commissioner’s Office has a help line number should you wish to discuss your case or make an appeal, and a website should you require further information.  Helpline: Call 01625 545 745.  Website: www.informationcommissioner.gov.uk