Police National Computer
From CrimeLine from Andrew Keogh
- ACPO Retention of Criminal Records
- Liberty Retention of your criminal records and other information
- Access to PNC by non-police organisations
- Criminal records bureau
- Spent convictions
- Police Act 1997
- Old convictions on Police National Computer will not be deleted
Retention of criminal convictions on PNC
On 19 October, a judgment [see below] by the Court of Appeal supported the retention of criminal convictions on the Police National Computer (PNC) for policing purposes. The police are obliged under Part V of the Police Act, to provide the CRB with access to all convictions held on PNC. The police will no longer “step-down” or “weed” convictions, cautions, reprimands or warnings from the PNC, which means that all convictions will be retained on the PNC until an individual’s 100th birth date.
As a direct result of this, and as the CRB does not own the data held on PNC, the CRB will no longer accept a Dispute where the information revealed on a CRB certificate is being disputed on the basis that the police should have applied the “weeding” or “stepped down” rules. CRB Retention of criminal convictions on PNC
Retention guidelines for Nominal Records on the Police National Computer: Incorporating the Step Down Model
Chief Constable of Humberside Police & Ors v The Information Commissioner & Anor (19 October 2009)
Chief Constable of Humberside Police & Ors v The Information Commissioner & Anor [2009] EWCA Civ 1079 (19 October 2009) The proper purposes of the police in managing the PNC plainly include the retention of information for provision to others who have a legitimate need for it, including (but not limited to) provision under statutory duty created by the Police Act 1997. It is for the data controller to determine the purpose(s) for which the data is processed. There could be no question of the retention of records of minor convictions being held to be either excessive or being held for longer than necessary.
Timesonline Police won the right yesterday to keep details of old and minor criminal convictions after the Appeal Court rejected a ruling that they be removed from computer records
Chief Constable of Humberside Police and others v Information Commissioner (Secretary of State for the [2009] EWCA Civ 1079; [2009] WLR (D) 302]
Where would we be without bailii please DONATE to BAILII
CrimeLine is sponsored by Keogh Solicitors. CrimeLine is published by CrimeLine Training Limited (Company No. 06748394)
