Uneasy disclosing personal information

Dear Mr Bassie,

I will be visiting the United Kingdom for a vacation. In applying for my visitor's visa, I had to provide a lot of personal information. I am unsure whether all the information requested was absolutely necessary.

I would like to know what happens to this information received from prospective applicants - such as myself - seeking a visa for just mere visit.

G.S.

Dear G.S.,

Before travelling to the UK, the authorities collect information on prospective visitors in advance. Each year, more than 200 million passengers cross the UK border.

In order to secure their border, the authorities use an electronic system called e-Borders to carry out checks on prospective travellers before they arrive. This allows the authorities the opportunity to identify those who they believe should not be in the UK and who could possibly intend harm, if given permission to enter.

Usually, after you have been given a visa — entry clearance — all you would need to do is provide your chosen carrier with information from your passport before you travel. The carrier would then provide e-Borders with all passengers and crew detail.

If the person requesting such information is in the transport industry, he/she could find more details about his/her responsibilities under e-Borders for carriers and ports. Information for owners and operators of fishing boats, leisure craft (such as yachts) and light aircraft, can also be found in this section although such persons need not provide information to e-Borders.

The border agency has to be careful with the information provided to them, and are charged with looking after it in accordance with the UK Border Agency information charter. In addition, the processing of personal data (information relating to living individuals) is governed by the Data Protection Act 1998, which makes it possible for you to request access to this information. Such a request is called a Subject Access Request (SAR), and upon submitting such a request you should expect a response from the authorities within 40 days.

Applying for information

Anyone can apply for information. You must provide: a cheque or postal order for £10, payable to The Home Office Accounting Officer; and sufficient personal information to enable the authorities to uniquely identify you - for example, a copy of your passport. If you do not provide this, or if the 'pay' line of the cheque or postal order is not completed correctly, the authorities will reject your application. It will be returned with a letter setting out what is missing.

Please note, if an application for a SAR is made on someone else's behalf (for example, if someone is acting on behalf of a child between 12 and 17 years), he/she must provide a signed authority from that person, confirming he/she is acting on their behalf. This must be an original as copies will not be accepted. If this is not provided, the the authorities will return your SAR setting out what is missing, and your request will not be processed. It is unnecessary to provide a signed authority if the person is applying on behalf of a child who is less than 12.

The authorities prefer when making a SAR, you state why you want the information.

Even if you have made a SAR via a representative, and the authorities have responded to it, you are still at liberty to elect to change your representative. Also, you may make requests for other types of information. The Freedom of Information Act gives you the right to request general information about the authorities work.

After making an application, you may want information about the application's progress, you should contact one of the centres. However, you cannot ask for an update until a certain time has passed since you made your application. This will vary on the type of application you have made. The authorities will advise when you can make inquiries as to the progress of your application. If you are not satisfied with the response, you can seek an independent review by writing to: The Deputy Director at the UK Border Agency and advise when and to whom the original request was made.

John S. Bassie is a barrister/attorney-at-law who practises in Jamaica. He is a Supreme Court-appointed mediator and a fellow of the Chartered Institute of Arbitrators. Email: lawbassie@yahoo.com or editor@gleanerjm.com.