Requests for Personal Data - the Data Protection Act 1998

You have a statutory right of access (certain exemptions apply) to personal data about yourself under the Link opens in new windowData Protection Act 1998. The right of access here is to personal data held on computer or on structured manual files and you are entitled to be informed whether any personal data concerning yourself is being held by the "data controller" i.e., the Scotland Office, and, if so

  • To be given a description of the data in question
  • To be told for what purposes the data are processed
  • To be told of the recipients or classes of recipients to whom the data are or may be disclosed.

You are also entitled to be given a copy of the information with any unintelligible terms explained and to be given any information available to the Office as to the source of the data. The Freedom of Information Act 2000 has extended this right to access to personal data held on any type of file.

If you wish to apply for access to your personal data, known as a "subject access request", you should contact the Scotland Office Information Officer.

A request for access to personal data must be dealt with promptly and, in any event, within 40 days of receipt of the request. We may charge a fee, not exceeding £10.

If you consider that a request by you for access to your personal data was not dealt with in accordance with the Data Protection Act you may take further action as follows:

  • You may apply to the sheriff or Court of Session alleging a failure to comply with the subject access provisions of the Data Protection Act. The sheriff or Court of Session may make an order requiring compliance with those provisions and may also award compensation for any damage you have suffered as a result and any associated distress.
  • You may write to the Information Commissioner, who may do one of the following: -
    • Make an assessment as to whether it is likely or unlikely that the Office of the Advocate General for Scotland has complied with the Data Protection Act.
    • Issue enforcement proceedings if he is satisfied that the Office of the Advocate General for Scotland has contravened one of the Data Protection Principles
    • Recommend that you apply to sheriff or Court of Session alleging a failure to comply with the subject access provisions of the Data Protection Act.