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Freedom251 › Blog › Data Protection Act 2018

How to make a subject access request to a retailer or police force

By Freedom251 Team · · 10 min read

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In the UK, you can ask a retailer for the personal data it holds about you under the UK GDPR. A police request follows a different route when your information is being used for law-enforcement purposes: Part 3 of the Data Protection Act 2018. Send the request to the organisation’s data-protection contact, describe the records and dates that will help it search, and keep proof of what you sent.

A retailer normally has one month to respond, although a genuinely complex or extensive UK GDPR request can be extended by up to two further months with notice. A Part 3 police request is normally due within one month and has no equivalent complexity extension. Proportionate identity checks or clarification can postpone when the response period starts.

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What a subject access request gives you

A subject access request (SAR) is a request for a copy of your own personal information and supplementary information about how it is used. The right helps you understand what an organisation knows about you, why it uses that information, where it obtained it, who receives it, and how long it keeps it. The Information Commissioner’s Office describes access as a fundamental data-protection right.

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The right is to personal information, not automatically to every document that contains it. A response can include structured records, correspondence, call recordings, chat transcripts, CCTV extracts, account notes, search results and information about profiling or fraud checks when those items relate to you. It does not give you an automatic entitlement to another person’s data, an unredacted witness statement or every document in a criminal case.

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Choose the correct route before you write

Retailer: UK GDPR access request

A retailer’s ordinary customer, loyalty, order, complaints, marketing and account processing is generally handled under the UK GDPR. Use the retailer’s current privacy notice to find its privacy, data-protection or customer-service contact. You do not need special legal wording: state clearly that you want access to your personal data.

Police force: Part 3 law-enforcement request

Police processing for a primary law-enforcement purpose is generally governed by Part 3 of the Data Protection Act 2018. Law-enforcement purposes include preventing, investigating, detecting or prosecuting criminal offences and executing criminal penalties. The ICO summarises this route as “a request made by, or on behalf of, someone for their personal information when you are using it for one of the law enforcement purposes.”

A Part 3 request has no formal wording requirement. It may be verbal or written, can be sent to any part of the force and does not have to use the phrases “subject access request”, “right of access” or “section 45(1) of the DPA”. In practice, use the force’s published data-protection or SAR address so the request is logged and routed without delay.

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When both regimes may appear in one response

A force can hold information about you for general administration as well as for policing. The primary purpose for which a particular item is being processed determines whether UK GDPR or Part 3 applies. Different sections of one response can therefore be handled under different regimes. Ask the force to identify, where it can do so without undermining a restriction, which regime applies to the information it has withheld or supplied.

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Issue Retailer request Police law-enforcement request
Legal regime UK GDPR general processing Part 3, Data Protection Act 2018
Normal deadline One month after the organisation has the information it needs Without undue delay and no later than one month after receiving the request or required identity, authority or fee information
Complexity extension Up to two additional months for a complex or numerous request, with an explanation within the first month No UK GDPR two-month complexity extension
Useful contact Privacy, data-protection or customer-service contact in the privacy notice Published force data-protection or SAR contact
Helpful identifiers Account or loyalty number, email and postal addresses, order or case references, stores, channels and dates Names and aliases, date of birth, addresses, incident or crime numbers, custody or stop-search references, vehicle details, officers, stations and date ranges
Typical restrictions UK GDPR exemptions, including protection of other people’s information and legal privilege Part 3 restrictions protecting policing, other people, legal professional privilege or national security
Escalation Controller or data-protection officer complaint, then ICO complaint; court enforcement may also be available Force complaint or data-protection officer review, then ICO complaint; court enforcement and legal advice may be appropriate

Prepare information that makes a search effective

Confirm who holds the data

Address the request to the organisation that decides why and how the information is used. For a retailer, check the latest privacy notice rather than relying on an old email address. For a police force, use its current data-protection or subject-access channel, even though a Part 3 request can legally be sent elsewhere in the force.

Give identifiers and a realistic date range

Include enough detail to distinguish you from other customers or people in the force’s systems:

  • Full name, former names or aliases and date of birth where relevant.
  • Current and previous addresses, email addresses and telephone numbers used with the organisation.
  • Retailer account, loyalty, order, complaint or case references.
  • Police incident, crime, custody or stop-search numbers; vehicle registration; officers, stations or units involved.
  • A date range, store, website, app, telephone channel or other location connected with the records.

Ask for the categories that matter to you instead of demanding “everything” without explanation. Examples include orders, returns, delivery records, CCTV, calls, chats, complaints, fraud flags, account notes, marketing preferences and profiling for a retailer; or incident reports, custody records, stop-search records, officer notes, correspondence and recordings for a force.

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Decide whether you need a copy or confirmation

Say that you want a copy of your personal information. If you only need confirmation that a particular item is held, say so; otherwise, “please provide a copy” avoids an unnecessarily narrow response.

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Plan identity or authority evidence

An organisation may ask for proportionate proof of identity when it has reasonable doubts. It should not routinely demand identity documents when it is already confident who you are. If you apply for someone else, the controller can ask for evidence that you are authorised to act for that person.

Send only what is reasonably necessary and use the organisation’s secure upload or encrypted method when offered. The response period can wait until the requested identity or authority evidence has been received. Keep a copy of every document and the date it was supplied.

How to make a retailer SAR

  1. Find the current contact route. Open the retailer’s privacy notice and select its privacy, data-protection or customer-service contact for access requests.
  2. State the request plainly. Say that you are requesting access to your personal data under the UK GDPR. No prescribed phrase is required.
  3. Identify yourself. Supply the account details, contact details, order or case references and other identifiers that match the retailer’s records.
  4. Define the search. List the relevant record types, stores or channels and date range. If you are concerned about a particular decision, name it and request related profiling, fraud or complaint records where applicable.
  5. Specify delivery. Ask for the response in a secure electronic format, such as a protected download or encrypted file, if that is suitable for you.
  6. Keep evidence. Save the final request, attachments, delivery confirmation and any acknowledgement. Note the date on which the retailer had all identity or clarification information it requested.

A concise request can look like this:

Subject: Subject access request

I am requesting a copy of my personal data and the supplementary information about its use.

Name: <full name>
Previous names: <names, if relevant>
Account or loyalty number: <number>
Addresses and email addresses used: <details>
Records requested: <orders, calls, chats, CCTV, complaints, profiling or other categories>
Date range and locations: <dates, stores, website or channels>

Please provide the response securely in electronic form. If you need proportionate identity evidence or clarification, tell me exactly what is required.

How to make a police Part 3 request

  1. Use the force’s data-protection contact. Look for its published subject-access or data-protection route so the request reaches the team that handles Part 3 rights.
  2. Describe the law-enforcement information sought. State that you want your personal information and a copy of the records, not merely confirmation that information exists.
  3. Supply identifiers. Include names and aliases, date of birth, addresses, incident or crime numbers, custody or stop-search references, vehicle details, relevant officers or stations and the dates involved.
  4. Separate incidents or periods. If you have several matters, list each incident number or date range and the record types you want for it. This helps the force search without guessing which event you mean.
  5. Ask for an explanation of any restriction. Request the reason for withheld or redacted information and details of the complaint or enforcement route, to the extent that giving that explanation would not undermine the restriction.
  6. Retain the submission trail. Keep the email, web-form receipt, letter, delivery evidence, identity documents, authority evidence and every clarification exchange.

There is no requirement to use the words “subject access request”, but using them in the subject line can make routing easier. A verbal request is legally possible; a written request is usually easier to prove and to define.

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Deadlines, the response clock and fees

Retailer timing under the UK GDPR

The normal response period is one month. For a complex or numerous request, the retailer can take up to two additional months, but it must explain the extension within the first month. The ICO states: “The one-month time limit for the organisation to reply to your request only starts once they have what they need from you.” In practice, a proportionate identity check or a necessary clarification can move the start date until you supply it.

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A first SAR is normally free. A reasonable administrative fee is limited to requests that are manifestly unfounded or excessive. Further copies of information already supplied can attract a reasonable fee.

Police timing under Part 3

A force must respond without undue delay and no later than one month after receiving the request, or one month after receiving identity information, representative-authority evidence or a lawfully requested fee. The UK GDPR extension for complex requests does not apply to information collected or used for law-enforcement purposes.

Track the date correctly

Record both the date you submitted the request and the date you supplied anything the organisation said it needed. If the organisation asks an unclear or disproportionate question, ask it to explain why the information is necessary and what part of the request it affects. Reply promptly to a legitimate clarification request because the clock may stop while the organisation cannot understand the scope.

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Why a police response may be redacted or restricted

Protecting an active or possible law-enforcement purpose

Part 3 permits restrictions where disclosure could prejudice a law-enforcement purpose. For example, revealing a source, investigative method or information about another person could interfere with prevention, detection, investigation or prosecution. The force must apply the Part 3 rules; it cannot simply substitute a UK GDPR exemption because that seems more familiar.

Protecting other people and privileged material

Your SAR concerns your personal information. Information identifying witnesses, victims, complainants, officers or other members of the public may be removed or withheld. Legal professional privilege and national-security considerations can also restrict disclosure.

What the force should tell you

Where possible, the force should explain what it has withheld, why it has done so, and how to complain or seek court enforcement. It may limit that explanation if giving more detail would itself undermine the restriction. A heavily redacted response is not automatically unlawful, but it should still reflect a genuine assessment of the relevant Part 3 rules.

What a SAR cannot replace

A SAR is not a discovery process for a civil claim or a way to obtain an unredacted witness statement. If you need documents as evidence, the appropriate route may be disclosure through the court, advice from a solicitor or another advice service. The ICO’s Part 3 guidance identifies those alternatives where SAR material is unlikely to provide the evidence you need.

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Do not broaden a request into “every document in the criminal file” expecting the force to provide material that does not constitute your personal information. Instead, identify the personal information you want and obtain litigation disclosure advice separately.

If the response is late, incomplete or unclear

  1. Check the dates. Confirm when the organisation received the request and when you supplied any identity, authority, fee or clarification it required.
  2. Write to the organisation’s review route. Ask its data-protection officer or complaints team to review the missed deadline, unexplained redaction or apparently incomplete search. Refer to the specific record category or date range that appears to be missing.
  3. Ask focused questions. Request confirmation of which systems, stores, stations, incident numbers or date ranges were searched, where that information can be provided without compromising a restriction.
  4. Complain to the ICO. Submit the request, delivery proof, identity or authority documents, clarification exchanges, response and your complaint correspondence so the regulator can see the timeline.
  5. Consider enforcement or legal advice. Where rights have been restricted or a dispute remains significant, court enforcement may be available. If the underlying issue is litigation, seek advice about the court’s disclosure process rather than relying on the SAR alone.

Examples of useful scope

Retailer account and CCTV concern

Instead of asking for every record the retailer has ever created, identify the account email, the store or website, the transaction dates, the relevant CCTV time window and the complaint reference. Ask separately for order history, customer-service calls, chat transcripts, complaint notes, CCTV showing you and any fraud or profiling information connected with the incident. This gives the controller a workable search while preserving the categories that matter.

Police stop-search or custody concern

List the stop-search or custody date, location, vehicle details, officer or station if known, incident or record number and the specific records sought. Request your personal information in the associated reports, notes, recordings and correspondence. If another person’s information appears in the material, expect it to be considered for redaction rather than assuming the entire document will be released.

Record-keeping checklist

  • Final request and all attachments.
  • Date and method of delivery, including web-form or email receipts.
  • Identity or representative-authority evidence supplied.
  • Clarification questions and your replies.
  • Acknowledgement, extension notice, fee request or refusal.
  • Full response, redacted pages and any explanation of restrictions.
  • Complaints to the organisation and the ICO, with dates and outcomes.

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Data Protection Act 2018police dataretailer privacysubject access requestUK GDPR

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