Subject Access Request
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- Lesley Morrison
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1 Subject Access Request Please read the Subject Access Request Guidance Notes before completing this form. A separate form should be completed for each individual. NOTE: THIS IS NOT A MANDATORY FORM SUBJECT ACCESS REQUESTS MADE IN OTHER FORMATS WILL ALSO BE ACCEPTED BUT THIS FORM IS DESIGNED TO SPEED THE PROCESS UP Section 1 Applicant Details Title (please tick Mr Mrs Miss Ms one) Other (please state).. First Name/s Family Name Previous Family Name Other name/s known by Date of Birth (dd/mm/yyyy) Nationality Place of Birth.././. Sex Male Female Home Office Reference Numbers Please give details of all known reference numbers issued by the Home Office or the UK Border Agency (previously named Border and Immigration Agency (BIA) and Immigration and Nationality Department (IND)). Home Office Reference: Port Reference: Other references (state context):..... Section 2 Applicant Contact Details Current Address Daytime Tel No. Previous Address 1
2 Section 3 Representative Details (if applicable UKBA WILL REPLY TO THIS ADDRESS) Name of Representative Company (if applicable) Representative s Address Daytime Tel No. Fax No. Section 4 Authority to Release Information to a Representative A representative needs to obtain authority from the applicant before personal data can be released. The representative should obtain the applicant s signature below, or provide a separate note of authority. This must be an original signature, not a copy (tip: using blue ink often helps verification). If the applicant is signing as the guardian of a child under 12, proof of legal guardianship must also be provided. I hereby give my authority for the representative named in Section 3 of this form to make a Subject Access Request on my behalf under the Data Protection Act Signature of Applicant: Date: Section 5 Proof of the applicant s identity In order to prove the applicant s identity, we need to see copies of two pieces of identification, one from list A and one from list B below. Please indicate which ones you are supplying. Please do not send originals. List A (one from below) Passport/Travel Document Photo driving licence National Identity Card ARC Card List B (plus one from below) A letter sent to you by the Home Office Utility bill showing current home address Bank statement or Building Society Book 2
3 Section 6 Details of the data required Please tick the box next to the data type that you require. You may tick more than one box. Specific data/records only. Please explain in the Further Details box Specific dates only. Please state Types of records required (you may tick more than one box): Electronic records (computer database). Visa application records Home Office case files.. Detention records held by UKBA.... Port files.. Detention records held by contractor.. Landing cards Removal escort records held by UKBA Work Permits UK records Removal escort records held by contractor NASS (asylum support) records All data held by the UK Border Agency.. Please tick box to right if you do not want documents that have already been sent to the applicant (or a representative acting on the applicant s behalf), or which the applicant (or a representative) has sent to UKBA (previously BIA, IND). Further Details Please use this space to give us any further details about the information you are requesting, for example by stating specific documents you require (use extra sheets if necessary):.. If requesting detention records please supply the following information: (a) Dates of detention.. (b) Place(s) of detention. If requesting removal escort records please supply the following information: (a) Dates of removal/attempted removal/transfer.. (b) Name of removal escort contractor (if known). 3
4 Section 7 Declaration The information which I have supplied in this application is correct, and I am the person to whom it relates or a representative acting on his/her behalf. I understand that the UK Border Agency may need to obtain further information from me/my representative in order to comply with this request. I enclose a cheque/postal order (delete as applicable) for 10 made payable to The Accounting Officer Home Office Signature of Applicant/Representative: Date: Timescale If you have specific reasons for requiring data by a specific date please give details below: (a) Date required (b) Reason (please state and supply supporting evidence).... Voluntary information It would be helpful for us to know the reasons for your request, as this information will help us to improve our service (this is voluntary so you don t have to provide any reason and it will have no bearing on the processing of your subject access request):... 4
5 Subject Access Request Guidance Please read before filling in the Subject Access Request Form Which sections should I complete? Sections 1, 2, 5, 6 and 7 should be completed for all applications. Sections 3 and 4 (Representative Details and Authority to Release Information to a Representative) should only be completed if the application is being made by a representative (i.e. someone other than the subject themselves). Section 5 (Proof of the applicant s identity) - If you do not have any of the forms of identity listed, we may in exceptional circumstances accept a photograph signed by yourself and your representative which we will check against our files. This form is designed to assist the process of making a subject access and as a consequence may speed the process up but it is not mandatory, all subject access requests made in other formats will also be processed. What information will help with the processing of my subject access request? Identification of relevant records will be easier if you can provide any references issued by the Home Office or the UK Border Agency (UKBA formerly BIA, IND) relating to applications you may have made or action taken against you. Home Office references begin with a letter followed by 6 or 7 numbers (e.g. A ). Port References usually start with characters then a / followed by numbers (e.g. TN3/03/12345). Other references may vary and the more details you can give the better for example, entry clearance application reference [state reference number] made at [state specific embassy/high commission] on [state date]. If you cannot provide us with satisfactory proof of identity, your application will be rejected and any fee already paid will not be returned. What information does the UK Border Agency hold? The UK Border Agency holds information relevant to conduct of it s functions which will include, but not restricted to, personal information about applications you have made and any immigration enforcement action undertaken. However, some data may have been reviewed and destroyed where appropriate in accordance with information retention policies. The UK Border Agency is also the data controller for certain information held by other bodies who are contracted by UKBA in connection with the conduct of specific immigration activities. This is likely to be the case if you have been detained in an immigration removal facility or an escorted removal has been carried out or arranged. There are exceptions to this for example, UKBA is not the data controller for medical records held by such contractors and has no remit to disclose such information if you require that type of data you would need to write direct to the detention or escorting contractor. How long will it take to get my data? Once we are satisfied that you meet the criteria for disclosure of data under the Data Protection Act, and have provided sufficient information, you should receive a response within 40 days from the date that we accept your application for processing. Record may be held in several different locations and in paper and electronic formats. If you only require specific information and you clearly state what that is for example a specific document or IT-only data then you are likely to get a quicker disclosure. The form includes a section for giving details if you need a disclosure by a certain date. No guarantee can be given that a disclosure will be completed by that date but we will endeavour to comply with reasonable requests for expedited action. 5
6 General Notes 1. We will acknowledge your application in writing and provide you with a DPU reference number. 2. The fee for a Subject Access Request is 10. We accept cheques or postal orders made out to The Accounting Officer Home Office. 3. When we process information requests for children aged 12 or over and spouses, we require their signature of authority before disclosing data. A separate application form should be completed for each individual and additional fee submitted. Sections 4 and 5 should be completed by a parent/guardian for a child under The documents that you receive may have data blacked-out or contain rough notes that may lack clarity. This is because we aim to supply copies of the original records whenever possible. However, as Home Office records also include information that we cannot release to you under the Data Protection Act, e.g. another person s data, this is removed. Checklist Have you completed all relevant sections of the form? If you are a representative, has your client signed the authority in Section 4 or provided a separate signed note of authority? If you are submitting the form yourself, have you signed the form at Section 7? If you are signing as a guardian of a child under 12, have you provided proof of your legal guardianship? Have you enclosed copies of two pieces of identification from the lists in Section 5 (one from each of A and B)? Have you enclosed the fee of 10 per SAR (Cheque or postal order payable to The Accounting Officer Home Office) Have you signed the declaration in Section 7? Have you provided as much information as possible to enable us to find the data you require? Please send your completed form, identification and fee to: Data Protection Unit UK Border Agency Lunar House 40 Wellesley Road Croydon CR9 2BY Fax: dataprotectionunit@ukba.gsi.gov.uk 6
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