The Data Protection Act 2018 allows access to personal data in some instances, where the applicant has a legal duty to access it under the following exemptions:
Schedule 2 (2) Crime & Taxation (known internally as an S2 request)
Schedule 2 (5) Information required to be disclosed by law etc. or in connection with legal Proceedings (known internally as an s5 request)
Applicants requesting information under these exemptions are required to provide the following:
S2 – Your organisation's crime & taxation exemption form is required.
The form should provide:
- The name and contact details of the Applicant
- Identify which section of the exemption is being relied upon
- Detailed information of the data that is required. To request full files/all data held is unlikely to be given without further justification. When making a request, provide clarity of the data required by providing timescale and or subject, which will identify the information required for the investigation being carried out.
- The reason the information is required to be given by the Fife Council, with an explanation of why this data cannot be accessed through other means.
- Multiple data subject information is required to be requested on individual forms.
- The form must be countersigned by the applicant’s senior officer, this can be done by copying the senior officer to the email sent to Fife Council.
S5 – a written request is required to identify:
- Applicant name and contact details
- Which Act the applicant is relying upon to access the data.
- Confirmation of which part of the DPA allows access to the required data
- Details of the required data. These details should explain why the required data has been requested from Fife Council and why the level of data required is justified. As with s2 above, please provide as much information as possible, so that the request can be reviewed to provide the data required for the investigation being carried out.
Fife Council are not obliged to provide the information for the above exemptions, therefore when requests are received these will be considered and where required, further details will be sought.
Only in case of an emergency, such as harm to life, will information be provided without the above process being followed. In all cases, the relevant request must be supplied to Fife Council within 24 hours of receipt of the data.
If you want to make a request under the above exemptions to the council:
Or by post to IMRT, First Floor, Fife House, Glenrothes, Fife, KY7 5LT