Thank you for your complaint about Thames Valley Police (“TVP”) and their handling of the SAR you raised on behalf of your client, [redacted]
What we do
Part of our role is to consider complaints from individuals who believe that there has been an infringement of the data protection law.
The Data Protection Act 2018 requires us to investigate a complaint to the extent we feel is appropriate and to inform you of the outcome.
The complaint
You raised a SAR to TVP on 23 August 2023 for information pertaining to a road traffic collision involving your client. TVP responded advising that their disclosure process was under review. They therefore advised that your client could raise a SAR using their request form but that they would not accept a SAR directly from [redacted].
On 12 December 2023, TVP again sought completion of their form with a fee for processing the request, however the fee was subsequently waived.
It is our understanding that TVP may now be in direct contact with [redacted] in order to obtain ID documentation and facilitate his SAR.
During your contact with TVP about this matter, you appear to have raised other information rights requests. Please be advised that this case only relates to your SAR of 23 August 2023 on behalf of [redacted]. Any concerns about other requests you have raised you may wish to bring these to the ICO as a separate case, if you have not already done so.
Our view of your complaint
We have considered the issues you have raised with us. Based on this information, it is our view that the primary focus of this case appears to be TVP’s refusal to accept SARs raised by you on behalf of your clients. We are aware that this aspect of your complaint has already been addressed under a previous complaint case raised by [redacted] in relation to a different data subject. We can advise that our position on this matter would appear applicable to this case and we do not consider we can provide new or additional guidance to TVP in this respect.
It appears that TVP have requested completion of a form and payment of a fee prior to actioning the SAR. We do note that the right of access may not be an effective means by which an individual can obtain information relating to collisions and TVP may operate a separate procedure, outside of the right of access, to obtain complete collision reports.
It is our expectation that these requirements may have been advised in relation to obtaining the required information by this alternative procedure. However on this occasion we are of the view that TVP’s email of 12 December 2023 appears to link the right of access to the requirement to complete a form and pay a fee.
From the perspective of a request under the right of access, we recognise that a form may be helpful in obtaining clear and relevant information necessary to processing a SAR, however we would not expect an organisation to compel an individual to complete a form in order to request their personal data.
An organisation may charge a reasonable fee where a SAR is considered manifestly unfounded or excessive, however we are unable to determine evidence to demonstrate that your request would be considered to fall within this category.
Finally we would advise that the right of access appears unlikely to be an appropriate route by which to obtain traffic collision reports. This is because the right of access to information provided by the data protection law only entitles an individual to request copies of their own personal data held by an organisation at the time of their request.
It does not entitle the individual to request a copy of a document in its entirety, only their own personal data recorded within it. Information which does not constitute their own personal data may be redacted or withheld.
[redacted] or their clients may therefore wish to consider seeking copies of the required information by other means going forward. We can advise that the National Police Chiefs Council sets out recommended minimum rates for the provision of services, including providing a copy of collision reports. In view of this you may need to follow a separate procedure, outside of the right of access, to obtain complete collision reports.
What we will do
In light of this case we will write to TVP about their handling of the request you have raised on behalf of [redacted]. We will refer TVP to our previous advice regarding their apparent refusal to accept SARs from CMA on behalf of their clients.
We will also provide relevant guidance regarding their obligations under the right of access, highlighting our advice regarding the requirement to complete a form and charge a fee.
However we are mindful that disclosure direct to the client has remained an available alternative and now appears to be in progress.
We do not intend to take further action in relation to this case and it will now be closed. However we keep a record of all the complaints raised with us about the way organisations process personal information. The information we gather from complaints may form the basis for action in the future where appropriate.
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Thank you for bringing this matter to our attention.
Yours sincerely,
Lead Case Officer
Information Commissioner’s Office
Direct dial number: 0330 313 1714
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