Access to Information

Three pieces of legislation make an individual's right to access information held across the public sector a statutory right: the Data Protection Act 1998 (DPA), the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations (EIR). This page explains how the legislation relates to the Security Service.

Data Protection Act 1998 (DPA)

The Data Protection Act 1998 (DPA) gives individuals the right to apply for access to personal data relating to them. These are known as "subject access requests".

The DPA contains a provision for certain exemptions from compliance with all or some of the principles and requirements, for example for the safeguarding of national security. The Security Service considers on a case by case basis whether exemption from the DPA is required and justified.

It is possible to appeal against the use of an exemption. When the national security exemption is relied on, the Service may deploy a certificate signed by the Home Secretary as conclusive proof that the exemption is required. Appeal against this certificate then lies with the Information Tribunal (National Security Appeals Panel - new window).

A leaflet (PDF 43Kb - new window) concerning subject access requests to the security and intelligence agencies sets out your rights under the DPA and how to make a request. Alternatively, if you would like a copy sent to you, please contact:

The Data Controller
The Security Service
PO Box 3255
London SW1P 1AE

Freedom of Information Act 2000 (FOIA)

The Freedom of Information Act came into force on 1 January 2005 and allows members of the public to request access to information held by public authorities. The Security Service, along with the other security and intelligence agencies, is not subject to the Act and therefore does not process FOIA requests.

For further information on the FOIA please refer to the Department for Constitutional Affairs (new window) website.

Environmental Information Regulations (EIR)

The Environmental Information Regulations (EIR) also came into force on 1 January 2005. They allow the public to request environmental information from public authorities. The Security Service is subject to the Regulations, although exemptions can be used when necessary - for example to protect national security. The Service will consider on a case by case basis whether it is necessary to deploy an exemption.

Further details about the EIR are available on the Department for Environment, Food and Rural Affairs (new window) website.

We have released some environmental information under the EIR.