Your questions
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Can I ask to see personal information held about me by organisations and public authorities?
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Yes
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No
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This is known as making a ‘subject access request’.
It applies to all organisations that hold personal information, such as government departments, banks, credit card companies, local councils, schools, hospitals, doctors, your past and present employers, internet and mail order companies.
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It does not provide you with the right to access your personal information
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Can I request non- personal information held by public authorities and government departments?
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No
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Yes
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It only gives you the right to access personal information held about yourself.
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This right is known as the
‘right to know’. It gives everyone the right to request recorded information held by public bodies. The Environmental Information Regulations also give additional rights to access information about the environment which is held by public authorities.
Read more
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What type of information can I ask to see?
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Using your right to subject access you can see information held about you, such as your medical records held by your doctor or hospital.
You can also access your credit reference file – this will give you information about your credit history, which affects your credit rating.
Read more
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Using your ‘right to know’ you can request any recorded information held by a public authority, such as decisions about local hospitals, money raised from car parks, or conviction rates for particular offences.
Public authorities will also make information readily available via their publication schemes, for example minutes of meetings and annual reports.
Read more
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How do I ask for the information?
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In writing or by email, stating your full name and any names you may have been known by (for example, your maiden name) and your full address including postcode. An organisation can ask you for relevant information that will help them identify you and find the information you want.
Read more
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In writing or by email, stating your name and an address to reply to, and clearly describing the information you want. It helps the organisation if you say you are making the request under the Freedom of Information Act or the Environmental Information Regulations. Requests made under the Environmental Information Regulations can also be made verbally.
Read more
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Can I correct the information held?
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Yes
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No
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The Data Protection Act aims to ensure that your personal information is relevant, accurate, and up to date. If you believe and can prove that factual information held about you by an organisation is wrong, you can write to them stating who you are, what personal information is wrong and what should be done to correct it.
Read more
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The Freedom of Information Act only allows you to access information that is not personal to you.
It does not require the public authority to take into account any comments you may make about its accuracy.
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Can I stop my personal information being used for unwanted marketing?
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Yes
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Not applicable
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The Data Protection Act allows you to ask organisations to stop using your personal information for direct marketing purposes. The Privacy and Electronic Communications Regulations also give you rights to limit electronic direct marketing messages, including phone calls, faxes, emails and text messages.
Read more on how to stop unwanted junk mail and spam
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Do I have a right to see information about someone else?
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Normally,
no
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Yes,
sometimes
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However, in certain circumstances you can. These include when you are legally responsible for another person, for example a parent for an infant, or when holding legal power of attorney for an elderly relative.
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You can request it, but many types of personal information don’t have to be given to you.
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Does the organisation have a time limit to reply to my request?
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Yes
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Yes
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Organisations must reply to a subject access request promptly and at most within 40 calendar days. A credit file should be supplied in seven calendar days.
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Organisations must reply to your request for official information within 20 working days
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Will I be charged for the information?
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Possibly
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Possibly
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Most organisations are allowed to charge a maximum of £10. For some information such as health records you may be charged £50. A copy of your credit file will cost only £2.
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In most cases the information will be provided free. But some costs, such as photocopying and postage, can be charged for.
If a public authority has specific permission to charge for a particular type of information, it can ask you to pay these fees.
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Will I always get all the information I ask for?
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No
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No
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You may be refused all or some of your personal information, if there is a good reason for doing so. For example, if the information you are requesting is subject to a criminal investigation or the information can identify a third party who does not want their information disclosed.
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Information must be disclosed unless there is a good legal reason not to. If you are refused information, the authority must explain why. Some information may be refused on the grounds of cost.
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Can I get help if I feel my rights have been breached?
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Yes
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For advice on what to do next you can contact our helpline on 08456 306060. Alternatively you can use our online complaints section to see if we can help.
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