Frequently Asked Questions
Is Subject Access the same as 'vetting'?
No. Certain employers do insist on prospective employees applying for subject access as a method of vetting. We sympathise with the reasoning behind this, but the Information Commissioner does not condone using subject access as a method of vetting. It is a matter for the individual concerned to determine whether or not he/she wishes to apply. Organisations who wish to make safer recruitment decisions by accessing criminal record information should contact the
Criminal Records Bureau.
Is Subject Access the same as obtaining a 'disclosure' from Criminal Bureau (CRB)?
No. The CRB is an executive agency of the Home Office. It has been set up to provide wider access to criminal record information to help organisations make safer recruitment decisions. The CRB assists employers in the public, private and voluntary sectors identify candidates who may be unsuitable for certain work, especially that involving contact with children or vulnerable member of society.
Can I use Subject Access to get hold of someone else's record?
No. The subject access process is confidential between the individual and the police. We cannot provide you with the details of another person.
Do I have to complete a Subject Access request and let my employer see it?
Though the Data Protection Act makes this an offence, it has yet to be introduced in law by the Government. So currently no specific offence is committed by employers making this demand.
Should I comply with my employer's request?
South Wales Police do not support this course of action by employers. However, there is nothing we can do until the law is changed to make it illegal. There is a suitable alternative available through Disclosure Scotland, which some major employers are already using.
What is Disclosure Scotland?
Disclosure Scotland is available to anyone within the UK. Disclosure Scotland is a government approved agency that provide suitable reports for employers showing any relevant convictions. The reports exclude any convictions classified as 'spent' as they should not be relevant to an employment agreement. Find out more by visiting the
Disclosure Scotland website.
How can I tell if a conviction is 'spent'?
Convictions normally have a life span after which they do not need to be disclosed to employers. The life span is directly linked to the punishment imposed by the court and there varies depending on the sentence. For more information and advice, visit the NACRO (National Association for the Care and Resettlement of Offenders) website, or call 020 7840 7200.
I have been asked to get a 'Memorandum of Conviction' by an embassy. How do I get one?
A 'Memorandum of Conviction' is a court record. If you know the date you attended court, you can request this directly from the court. If you do not know the date you can make a
Subject Access Request through your local police force. If you live outside of the UK, make the request to the local police force in the area where you were last a resident.
I made a Subject Access Request but have lost the result. Can I get a duplicate?
Only if less than 40 days have passed since the original reply was sent. Records can change over time (be added to, or deleted) so a duplicate may not be useful. Another fee will have to be paid.
I've made a Subject Access Request but haven't received a reply. What should I do?
We have up to 40 days from the date we received the request to give an official response. If the 40 days have passes and you haven't heard anything, please call 01656 303444 or 01656 303445. If there are any problems with your request we will contact you immediately. You should receive an acknowledgement of your request in two weeks after submitting your application.
My insurers want me to get a copy of the crime report to support a claim. How do I get hold of it?
Most insurance companies are now signatories to an agreement with police forces that allow direct disclosure of certain information by the police (but only with the consent of the victims involved). The information that can be disclosed includes: basic crime details; complaint and investigating officer's details; crime assessment and how the crime is being investigated (where the information will not compromise a police investigation); victim details (applicant only) and property items. Please note, offender details will only be provided at the discretion of South Wales Police, if it is proven that the information is needed for legal proceedings or a court order has been obtained.
I would like to know what other information (other than convictions) is held about me by South Wales Police. How can I find out?
Submit a
subject access request making it clear what you want to know. As well as using the Police National Computer (PNC), South Wales Police holds a variety of information about individuals on different systems. For example, you may be recorded as a victim of crime, a witness, an offender or a firearm certificate holder. If an incident happened in another part of the country, you would need to contact the relevant
police force and make another subject access request.