Personal information charter
The data we hold about you, your rights and how to contact us about it.
Under the UK General Data Protection Regulation and the Data Protection Act 2018, you have the right to request copies of your, or someone else’s with their specific written consent, personal data from organisations including government departments. The data protection laws give you rights over that data, including making sure it is correct, how it should be handled and when it should be deleted.
You can find full details of our obligations under the data protection laws in our information charter.
We are also working on ways to improve the process for anyone wanting to contact the MoJ about personal data.
Your rights and how to exercise them
For your personal data, you have the right to:
- request copies of your personal information we hold about you
- be informed about what we do with your personal information
- request rectification (correcting errors)
- request erasure (in certain circumstances)
- request to restrict processing
- request data portability (in certain circumstances)
- object (in certain circumstances)
- not be subjected to automated decision-making, including profiling
We’ve set out below your rights and how to contact the MoJ for each of these rights.
The process for contacting us about the first right listed, the right to request copies of your personal information, is a different process than when contacting us about all the other rights.
Right to request copies of your personal information
This is known as the ‘right of subject access’, and a request for a copy of your personal information is called a ‘subject access request’, or SAR. We will only disclose personal information about you, not about anyone else.
If we do hold information about you, we will:
- give you a description of it
- tell you why we have it
- provide the information in a readable format, subject to any exemptions contained in the legislation
Any subject access request should ideally include 2 things:
-
A description of where your personal data may be held. Tell us where in the department your personal data may be held. It will help us to find your records. For example, tell us which part of MoJ or prison you have had dealings with, including any relevant reference numbers and dates. Please be as specific as possible.
-
Valid identification. Acceptable forms of ID include:
- a photocopy of your passport or driving licence
- an electricity bill (a copy of the original bill)
- a gas bill (a copy of the original bill)
- a council tax bill (a copy of the original bill)
- any other bill in your full name (a copy of the original bill)
If you (or the person you’re requesting information for) are on probation and do not have any of the ID listed, we can accept a photograph or scan of a letter signed by a probation officer on Probation Service headed paper.
Any bill you send must be less than 6 months old.
Making a SAR is free in most circumstances.
How to request personal information
You can make a subject access request for yourself, or on behalf of someone else, online.
Access the Request Personal Information service.
Do not use this service to request information or documents from Courts or Tribunals (HMCTS)
To request personal information that might have been recorded during a court or tribunal case, you must contact the relevant court or tribunal. They will be able to help explain what you need to do. If you make a request for this information using the Request Personal Information service it is likely to be refused.
You can also make a request by email or post.
Email: [email protected]
By post:
Disclosure Team
Post point 5.22
102 Petty France
London
SW1H 9AJ
How to request personal information from HM Prison and Probation Service
If you want to make a subject access request (or if you are representing an offender, prisoner or former prisoner and want to make a subject access request on their behalf with their specific written consent) for a copy of personal information held by HM Prison and Probation Service, you can make a request online.
Access the Request Personal Information service
You can also make a request by email or post.
Email: [email protected]
By post:
Branston Registry
Building 16, S & T Store
Burton Road
Branston
Burton-on-Trent
Staffordshire
DE14 3EG
Make sure you include the ID we need and provide enough detail to help us to trace the records. This should include the full name, date of birth, prison number and the name of the prison the prisoner is currently held in. If you are representing a former prisoner, please include the name of the last prison they were held in, along with the relevant dates.
Ministry of Justice staff requests for personal information
Ministry of Justice (MoJ) staff must refer to the intranet for details of how to make a subject access request.
Definitions of your other rights
Right to rectification
If some information we hold about you is wrong or has changed, you have the right to have it corrected or updated.
Right to erasure
In certain circumstances, if the personal data we hold about you is no longer needed, you have the right to have it deleted. This is also known as the ‘right to be forgotten’.
Right to restrict processing
In certain circumstances, you have the right to restrict how your personal data is used. This may be due to the accuracy of the data, or if the data has been unlawfully processed, or MoJ no longer needs it but you would like us to keep it in.
Right to data portability
We must send your personal data in a structured, commonly used and machine-readable format. This right only applies when you have consented to the processing of the data.
Right to object
You have a right to object to the processing of your personal data, specifically if the data is:
- for direct marketing purposes
- a task carried out in the public interest
- the exercise of official authority or legitimate interest
Rights related to automated decision making including profiling
Automated decision-making is a decision made about you by a machine, without humans being involved. Profiling involves the use of personal data to group characteristics to try and predict future behaviour.
The MoJ can only carry out solely automated decision making if the decision is:
- necessary for entering into or performance of a contract between you and MoJ
- authorised by law
- based on your explicit consent
How to exercise your other rights
To exercise any of your information access rights, that are not a request for a copy of your personal information from the Ministry of Justice, send your request:
Email: [email protected]
By post:
Data Protection Team
Ministry of Justice
5th Floor, Post Point 5.18
102 Petty France
London
SW1H 9AJ
Questions or complaints
Contact the MoJ Data Protection Officer if you:
- have questions about anything in our information charter
- think that your personal data has been misused or mishandled
Email: [email protected]
By post:
Data Protection Team
Ministry of Justice
5th Floor, Post Point 5.18
102 Petty France
London
SW1H 9AJ