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What can you do if access is not given to you?

Although there are some limited circumstances in which access can legitimately be withheld, as set out in detail in the Data Protection Act 1998, access should normally be provided to you. If you feel your request has not been complied with you may take the following steps:

  1. In the first instance, you should write back to the Data Protection Officer setting out why you think that the information should have been provided to you.

  2. If you receive a response with which you are not satisfied, you should then write to the person with overall responsibility for Data Protection within sportscotland, clearly setting out your complaint. (see the link to contacts in the "next steps" panel on the right hand side of this page).

  3. Alternatively, you may write to the Information Commissioner. The Commissioner may do one of the following: 

    a. Make an assessment as to whether it is likely or unlikely that sportscotland has complied with the 1998 Act
    b. Issue enforcement proceedings if he or she is satisfied that sportscotland has contravened one of the Data Protection Principles; or
    c. Recommend that you apply to court alleging a failure to comply with the subject access provisions of the 1998 Act.

  4. If you feel that the response is still unsatisfactory, you may apply to the court alleging a failure to comply with the subject access provisions of the 1998 Act. The court may make an order requiring compliance with those provisions.

Further information on your individual rights is available at www.dataprotection.gov.uk

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