Subject access request for incident details

NVP · 2 Sep 2019 at 06:27

Morning all.

If there was an incident at my address whilst I was at work that involves my children in my house, am I able to request all incident details and body cam footage?

I've found out about it via a third party, not via family or police and I would like to understand what is going on.

Do I just call local plod without and request the incident number? (I have a date and location, that is all). Or is there a process I have to follow?

Thanks
NVP

Thecaferacer · 2 Sep 2019 at 06:36

You can under freedom of information request data that is held about you by the police under section 7 of the Data Protection Act.

That also extends to you requesting data about your children however you will not be entitled to raw records or bodyworn etc. This information would not be divulged if it effects the privacy of others, ie if an ex-wife had a domestic with her new partner at the address you own.

NVP · 2 Sep 2019 at 06:42

Thank you. I'm guessing that's an online form also?

What data will I get then? I just want to know what happened. No ex wife or anything. Current wife. Current house. Our children. Wife's family were here, I know that. No one has told me anything which is why I would like it from the police records.

d_brennen · 2 Sep 2019 at 07:06

I think you should ask more forcefully for this information from your wife and her family, rather than putting another burden on our already stretched police force.

Just be sure not to raise your voice or rev your engine

NVP · 2 Sep 2019 at 07:12

I want the truth. The fact they've not mentioned anything to me already means I doubt I will get the complete answer.

mrk · 2 Sep 2019 at 10:21

They have 30 days to respond, so if the footage is only stored for 29 days (GDPR) and they reply on the 30th day, then you won't get much luck!

VincentHanna · 2 Sep 2019 at 10:28

The police were called to your home, and your wife hasn't told you anything about it?

Semple · 2 Sep 2019 at 10:30

NVP said:
I want the truth. The fact they've not mentioned anything to me already means I doubt I will get the complete answer.

Sounds like that's an issue between you and your wife to talk about without needing to involve the police.

I'm assuming there must have been something serious going on that required the police to visit - and your wife won't tell you diddly squat?

Greebo · 2 Sep 2019 at 10:31

VincentHanna said:
The police were called to your home, and your wife hasn't told you anything about it?

Seems that way which can only mean his wife is protecting her family from something which happened which will have the OP kick off big time.

NVP · 2 Sep 2019 at 10:32

mrk said:
They have 30 days to respond, so if the footage is only stored for 29 days (GDPR) and they reply on the 30th day, then you won't get much luck!

Thank you.

Diddums · 2 Sep 2019 at 10:46

This sounds shady as hell, together with some comments you made in your roof box thread really doesn't bode well for the safety of your family, hope you get it all sorted out dude!

Terminal_Boy · 2 Sep 2019 at 10:50

NVP said:
Morning all.

If there was an incident at my address whilst I was at work that involves my children in my house, am I able to request all incident details and body cam footage?

I've found out about it via a third party, not via family or police and I would like to understand what is going on.

Do I just call local plod without and request the incident number? (I have a date and location, that is all). Or is there a process I have to follow?

Thanks
NVP

Can’t you just pop into your local nick and ask? Have proof of identity and residency at said address.

NVP · 2 Sep 2019 at 12:01

Diddums said:
This sounds shady as hell, together with some comments you made in your roof box thread really doesn't bode well for the safety of your family, hope you get it all sorted out dude!

those were my friends I was talking about. But please, out of simple respect, kill this type of commentary in this thread as I don't think it's proper

Terminal_Boy said:
Can’t you just pop into your local nick and ask? Have proof of identity and residency at said address.

That is my plan b at the moment, thank you

Diddums · 2 Sep 2019 at 12:03

Fair enough dude, hope it’s nothing too serious

Burnsy2023 · 2 Sep 2019 at 16:22

NVP said:
Morning all.

If there was an incident at my address whilst I was at work that involves my children in my house, am I able to request all incident details and body cam footage?

I've found out about it via a third party, not via family or police and I would like to understand what is going on.

Do I just call local plod without and request the incident number? (I have a date and location, that is all). Or is there a process I have to follow?

Thanks
NVP

The short answer to this is maybe but probably not, depending on the age of the children.

People have already mentioned the Freedom of Information Act, and this simply isn't relevant as it would fall under one or more of the many exemptions.

People have also mentioned subject access requests under the Data Protection Act 2018. This could also be problematic as you don't have an automatic right to see information about your children. The subject access request is their right not the parent's. With that said, there are some exceptions which may help you but it all depends on the circumstances.

Considerations for exceptions:

ICO said:
When considering borderline cases, you should take into account, among other things:

the child’s level of maturity and their ability to make decisions like this;

the nature of the personal data;

any court orders relating to parental access or responsibility that may apply;

any duty of confidence owed to the child or young person;

any consequences of allowing those with parental responsibility access to the child’s or young person’s information. This is particularly important if there have been allegations of abuse or ill treatment;

any detriment to the child or young person if individuals with parental responsibility cannot access this information; and

any views the child or young person has on whether their parents should have access to information about them.

https://ico.org.uk/for-organisation...ation-gdpr/individual-rights/right-of-access/

NVP said:
That is my plan b at the moment, thank you

I doubt that'll go anywhere, the people at the counter won't be the decision makers as to whether they can disclose the information you ask for. I would call 101.

Even if you do get a disclosure, expect it to be heavily redacted.

NVP · 2 Sep 2019 at 16:41

Thanks burnsy, they've provided a form to email with id etc. but got a response saying expect delays due to volume of requests, so now I wait... until I can't wait.

Thanks all.

Django x2 · 2 Sep 2019 at 18:27

I simply find this mind boggling, sorry. If my other half failed to tell me something that had happened at my address, with our kids, that involved the police, she'd soon know about my feelings. Is there absolutely no trust in relationships anymore? Madness.

Efour · 2 Sep 2019 at 18:42

Jesus nvp what the hell is going on in your life :/

doodah · 2 Sep 2019 at 18:47

Here if you need me/any help NVP x!

Raumarik · 2 Sep 2019 at 19:17

NVP said:
Thanks burnsy, they've provided a form to email with id etc. but got a response saying expect delays due to volume of requests, so now I wait... until I can't wait.

Thanks all.

If it's a subject access request they have to tell you if it'll take longer than the standard response time and why, being "busy" isn't an excuse the ICO will accept.

If they go over, report them. You might think you are being a **** but in many cases these departments don't have the resources to respond quickly because the leadership don't see it as important - until the ICO come knocking for more info and there's possible fines but more embarrassingly a judgement against them.