Access to information

Under the data protection law you are entitled to obtain certain personal information that an organisation holds about you.

Subject to certain important exemptions, you are entitled:

• to be informed whether personal information about you is being processed by us
• to be given a description of any such information
• to be advised of the purposes for which that information is being processed and
• to be advised of the people to whom the information may be disclosed

In addition, you are entitled to have the content of the information communicated to you and to be told of the source of the information, if known. For further information, see the SCTS privacy notice.

The SCTS holds a range of personal data as a part of its core purposes. For example, personal data may be contained within court or tribunal case papers and some of this information may be retained by the SCTS as a part of the nation’s records.

If you require access to your own personal data held within court or tribunal case files, we can provide it to you if you make a subject access request (see the “how to make a request” section below) under data protection law. However, some limitations do apply.

Personal information about other people

For example, personal data might not be disclosed if release could lead to the disclosure of personal information about another person who could be identified from that information. We are, however, obliged to provide as much of your personal data as it is possible and each decision will be made on a case by case basis and explained to you.

How to make a request

You can request information which we may hold about you by making a subject access request, this can be made verbally or in writing by using the contact details below.

The Data Protection Officer
Scottish Courts and Tribunals Service
Saughton House
Broomhouse Drive
Edinburgh
EH11 3XD

Email dpo@scotcourts.gov.uk
Tel: 0131 444 3335

Although requests can be made verbally, we ask that you complete the application form which is available to download from the SCTS website, or you can obtain a hard copy by contacting us using the details above. The form is generally the best way to explain the information you hope to obtain: this will allow us to focus any search to the most relevant information.

To help establish your identity, we will generally request photocopies of TWO official documents, which between them clearly show:

• your name
• your date of birth
• your current address

For example, a photocopy of a driving licence, birth/adoption certificate, passport and any other official document that shows your name and address.

Once satisfied with the identification provided it will be deleted from our systems/confidentially disposed of and not retained any longer than required by SCTS.

Once we have confirmed your identity, the request will then be sent to the appropriate court, tribunal or business unit to process. We will reply to you within the legal deadline of one calendar month.

Complaints

If you consider that a request for access to your personal data was not dealt with in accordance with data protection law, you may write to the UK Information Commissioner, who may do one of the following:

• make an assessment as to whether it is likely or unlikely the SCTS has complied with data protection law
• issue enforcement proceedings if satisfied that SCTS has contravened one of the data protection principles
• recommend that you apply to court alleging a failure to comply with the subject access provisions of data protection law

The Information Commissioner can be contacted at:

Information Commissioner's Office
Wycliffe House Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel: 0303 123 1113 (local rate) or 01625 545 745

Email: icocasework@ico.org.uk

Records management plan 

What we can tell you about criminal cases