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‘Enforced’ SAR and the MoU

03/2023 update about enforced subject access.

On 06/2022, the NPCC and ABI agreed on a new MoU, which it appears was presented to constabularies on 08/2022. The process seems to have been poorly introduced, and even into 2023, some constabularies are confused by it. The new approach makes life more difficult for adjusters working on behalf of insurers and, in turn, the insureds, victims of crime.

Whilst, on the face of it, the procedure may appear to have a welcome benefit, namely that the insured need no longer consent (sign an agreement) to release under Appendix D the procedure:

Essex constabulary’s responses are concerning. Between 01/01/2022 and 11/2022, Essex police received 307 requests for information, not all will be for vehicle-related matters.  However, of these, at the time of request (11/2022), 66 had not received a disclosure, the oldest being from 03/02/2021 – well over a year!

  • 241 had been the subject of disclosures:
  • 9 received disclosures in 30 or less days.
  • 19 received disclosures between 30 and 60 days.
  • 16 between 60 and 90 days.

The above is 44 out of 241 addressed within 3 months.

52 waited up to 6 months (183 days), or to put it another way, more than half of the victims had the disclosure of their crime report delayed for over 6 months. A further 81 had their reports disclosed in under a year,

  • This left 64 whose reports were not released for over a year, the ‘record’ being a 29/10/2020 request that saw disclosure on 24/10/2022 … 725 days!

What can be done to overcome the tardy conduct of a constabulary unable to locate and return a victim’s vehicle (intact), standing between the insured and their payment, or an insurer and the evidence all is not as presented?

The answer appears to be a Subject Access Request:

  • Individuals have the right to access and receive a copy of their personal data, and other supplementary information.
  • This is commonly referred to as a subject access request or ‘SAR’.
  • Individuals can make SARs verbally or in writing, including via social media.
  • A third party can also make a SAR on behalf of another person

We do not expect an individual to be put to the trouble of making a request of a constabulary for their crime report and accordingly offer to do so on their behalf, to make a ‘Third Party SAR’.  however, some constabularies seem less than keen to entertain such an approach which requires them to provide the report free of charge within a calendar month. Thames Valley Police (TVP) resisted a SAR approach  and were asked:

Why have you not elected to progress the SAR and refund the civil procedure fee?

07/03/2023, TVP responded:

a) It is our view that you have instructed the insured to instigate a SAR and this is not in the spirit of the Act.
b) It is effectively enforced subject access as we see it.
c) You are entitled to seek a view from the ICO in respect of this approach.

Subjected to the above, seemingly intimidatory tactics, we approached the ICO for guidance and (23/03/2023) were advised:

‘… if you aren’t requiring another person to make and provide the results of a SAR for a ‘relevant record’ (which is: is a health record, a record that relates to a conviction or caution, or information relating to a statutory function), then it would not be an enforced SAR under the legislation.’

Full text below

Constabulary wait times for an MoU request:

  • Bedfordshire – 03/2023 – advising of an 8-week wait time

16/03/2023 –  The processing timescales are approximately 8 weeks, note this is only an estimated timeframe and we cannot provide a more accurate timeframe. Rest assured we will be in touch once a response is ready. AB02A450

  • Cheshire – a recent request resulted in disclosure after 4 months
  • Essex police … you could wait a year, their record is 725 days!

From: icocasework <icocasework@ico.org.uk>
Sent: 23 March 2023 17:22
To: P Swift <pswift@cmaclaims.co.uk>
Subject: Your email to the ICO – Case Reference IC-220316-G1X1

23 March 2023

Our reference: IC-220316-G1X1

Dear P Swift,

Thank you for your email of 13 March 2023.
I have considered your response, and without knowing exactly what you are asking for from the Police, it is difficult to say definitively.

However, if you aren’t requiring another person to make and provide the results of a SAR for a ‘relevant record’ (which is: is a health record, a record that relates to a conviction or caution, or information relating to a statutory function), then it would not be an enforced SAR under the legislation.

I hope this information is helpful to you. If you would like to discuss this enquiry further, please contact me on my direct number 0330 123 6885 If you need advice on a new issue you can contact us via our Helpline on 0303 123 1113 or through our live chat service. In addition, more information about the Information Commissioner’s Office and the legislation we oversee is available on our website at www.ico.org.uk. For information about what we do with personal data see our privacy notice.

Yours sincerely

Anjuli Cash-Sendles
Lead Case Officer
Information Commissioner’s Office

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
T. 0330 414 6885 ico.org.uk twitter.com/iconews

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