Section 29(3) Requests

The forms below are provided for the convenience of police forces and other organisations requesting personal data from the Trust under Section 29(3) of the Data Protection Act 1998. Patients seeking access to their own health records should instead use our Subject Access form.

Police officers may prefer to complete the ‘Personal Data Request Form’ issued by ACPO in their Data Protection Manual of Guidance. The advice below applies to all requests received by the Trust, regardless of format. Please ensure you read it before submitting your request.

 

The Trust considers that disclosure of sensitive personal data under DPA98 Section 29(3) is lawful without consent only where any person’s vital interests are at risk (“life or death”), or where there is a substantial public interest and your investigation would be prejudiced by seeking consent for disclosure. In general this means that only requests relating to very serious crime will be considered, where the public interest overwhelmingly outweighs the patient’s individual rights and freedoms in the particular case. Under the common law duty of confidence, we apply the same threshold for requests relating to deceased patients. Disclosing non-sensitive personal data is subject to a lower public interest threshold, but you must still justify it to our satisfaction.

Please therefore provide as much justification as possible to help us decide the balance of interests. We acknowledge that providing us with detailed information of a very serious crime may, in rare cases, compromise your investigation. For such ‘unexplained’ requests please ensure that your counter signatory holds the rank of Superintendent or equivalent, in line with ACPO guidance.

The Trust is not obliged to disclose information in response to any Section 29(3) request. If we refuse your request, you may wish to reconsider your justification, seek data subject consent, or apply to the courts for a disclosure order. Our intent is not to obstruct your investigations, but to maintain a confidential health care service whilst remaining within the law.

If you need general advice about making a request for personal data under Section 29(3), please contact your force’s Data Protection Officer in the first instance, or alternatively the Trust’s Information Governance team (This email address is being protected from spambots. You need JavaScript enabled to view it.).

 

Submitting a request

Requests should be sent to our Police Liaison staff within the relevant department, depending on whether the data subject is a patient from one of our hospitals or a member of Trust staff:

Patient (St Peter’s): Patient (Ashford): Trust staff:
A&E
St Peter’s Hospital
Guilford Road
Chertsey
Surrey KT16 0PZ
Reception
Ashford Hospital
London Road
Ashford
Surrey TW15 3AA
HR
St Peter’s Hospital
Guilford Road
Chertsey
Surrey KT16 0PZ
01932 872000 01784 884488 01932 872000

Email: This email address is being protected from spambots. You need JavaScript enabled to view it. for any requests relating to patients.

Please send only from PNN addresses (ending @...police.uk), or other secure domains within GSi, and do not enter any personal data in the subject line.

The Trust takes no responsibility should you email unencrypted personal data insecurely over the internet (such as to addresses ending @asph.nhs.uk) without the consent of the data subject.