Request

Your request for information dated 27 January 2026 is copied below.

This is a formal request under the Freedom of Information Act and a request to the Data Protection Officer for documents and information concerning implementation of section 103 of the Data (Use and Access) Act 2025 (which inserted section 164A into the Data Protection Act 2018) that came into force on 19 June 2025. 

Accordingly, this is a formal Subject Access Request made under Article 15 of the UK GDPR and, where applicable, section 45 (law‑enforcement processing) and section 94 (intelligence services processing, Warrant Granting Department) of the Data Protection Act 2018. Please treat this request as specific to jurisdiction and court procedure matters and to any court processes under the provision inserted as section 180A (Procedure in connection with subject access requests) of the 2018 Act.

Given the exceptional circumstances and active matters of evident concern (MECs)  SARs/FOIRs sent to no avail on record in the Kirkcaldy series PF Ref (KC23005960‑001‑002) and Dundee series PF refs DN25001863 / DN25001863‑001, please treat this request as urgent and, where possible, expedite full unredacted disclosure save as for litigation.

A document recovery exercise is currently underway to compel COPFS to recover, review and thereafter disclose all material antecedent and additional materials, without delay.

Please provide copies (electronic PDF preferred) of the following documents and information:

1. The organisation’s current policy, guidance or standard operating procedure implementing s.103/ DPA 2018 s.164A (including any internal versions, drafts or redacted variants).
2. Any Data Protection Impact Assessments (DPIAs), equality/HRA impact assessments or risk assessments produced in relation to implementing s.103/164A.
3. Mandatory provenance tracing the implementation plan / project plan / timeline for compliance with s.103/164A, including commencement dates, milestones, and responsible officers.
4. Any board papers, governance minutes, audit reports or legal advice (internal or external counsel) considered by senior management, Ministers, or the Board concerning s.103/164A.
5. Copies of training materials, briefings, emails or circulars issued to operational staff (including PSD/PIRC/CAAPD investigators, custody staff, SPR authors and IT/forensics teams, DESC Teams) about s.103/164A and s180A
6. The name, contact details and remit of the organisation’s Data Protection Officer (DPO) and any named lead responsible for s.103/164A implementation.
7. Any internal guidance or instructions issued to PSD, PIRC investigators, CAAP-D Officers, custody sergeants, BWV/ANPR/CCTV/ STORM/TETRA Logs, Notebooks custodians, s238(2) CUEO Owner and SPR authors about preservation, disclosure and access obligations under s.103/164A.
8. Records of any internal or external audits, compliance checks or independent reviews completed since 19 June 2025 that assess adherence to s.103/164A.
9. Any templates, checklists or supervisory sign‑off forms updated to reflect s.103/164A/180A for SPR preparation, warrants, Bail, custody record preservation or disclosure.
10. A statement confirming whether the organisation has changed its practice for preservation, disclosure or access to law‑enforcement data as a result of s.103/164A/180A and, if so, a short summary of those changes.
11. Scope of the request Includes section and subsections 180A 
12. Please provide all personal data and organisational records held about me that relate to the following categories (including drafts, attachments, metadata and internal external communications):
13. Any records, notes, minutes, correspondence or legal advice concerning court procedure or jurisdictional questions raised in relation to my SAR or related proceedings, including any references to section 180A or equivalent court procedure provisions CPSA 1995 and 1996 Rules - CJLSA 2010 sections121 -128-164.
14. Any court orders, applications, judgments, or sealed documents in which the court has inspected or required inspection of material under section 180A or otherwise in connection with my/our fundamental absolute rights under Article 15, Article 20, s.45 or s.94 without undue further delay
15. Records of any inspection by a court of material held by the controller (including lists of documents inspected, dates of inspection, and the identity of the judicial officer).
16. Any internal or external legal advice, LLP Materials, policy guidance, or operational instructions issued to staff (including PSD, PIRC, CAAPD, custody, SPR authors, disclosure teams, or DPO) concerning the application of section 180A, the limits on disclosure pending court determination, or the scope of reasonable and proportionate searches.
17. Any preservation notices, preservation logs, chain‑of‑custody records, forensic imaging reports or metadata created in response to requests on record for preservation or court inspection under section 180A.
18. Any records of communications with third parties (including COPFS, courts, DPOs, auditors or external counsel) about whether material should be made available to the court for inspection under section 180A and any reasons given for non‑disclosure to me pending court determination.
19. Any templates, checklists or supervisory sign‑off forms used to determine the scope of searches and disclosure where section 180A or Article 15/20/s.45/s.94 issues arise.
20. Any logs of searches performed (search terms, custodians searched, date/time, results) and any records showing why any search was limited as “reasonable and proportionate.”
21. Any records of decisions to withhold, redact or restrict disclosure pending court determination under section 180A, including the legal basis and the person(s) who made the decision.