The Report of the Independent Inquiry into Child Sexual Abuse October 22 p277-8
Under the Data Protection Act 2018, victims and survivors have a legal right to request copies of records containing their personal information. This is known as the right of access or subject access request… A record may need redacting if it contains sensitive information about another individual and if it is not reasonable to disclose that information. As a result, accessing personal records can be a lengthy and complex process where the time limits set out in the 2018 Act are not met.
Victims and survivors have faced difficulties when requesting their records from institutions… Issues may involve long delays, procedural hurdles, and poor communication and explanations from the institutions… For some the search for records and the lack of communication and explanation was difficult and upsetting.
Victims and survivors may also need practical and emotional support when accessing their records. Reading records may bring back traumatic memories and cause distress. Records that are redacted may also cause frustration particularly if there is no explanation as to why they are redacted.
Recommendation 17 Access to Records
The UK government should direct the Information Commissioners Office to introduce a Code of Practice on retention of and access to records known to relate to child sexual abuse.
The code should set out that institutions should have:
- Retention policies that reflect the importance of such records to victims and survivors and that they may take decades to seek to access such records
- Clear and accessible procedures for victims and survivors of child sexual abuse to access such records
- Policies, procedures and training for staff responding to requests to ensure that they recognise the long term impact of child sexual abuse and engage with the applicant with empathy.
The Report of the Inquiry into Child Sexual Abuse October 2022 p 277-8
Islington Survivors Network 