In a landmark ruling the Information Tribunal has dismissed appeals by Humberside, Northumbria, Staffordshire, Greater Manchester and West Midlands Police and ruled that the retention of the old convictions data is in breach of the Data Protection Act 1998. The decision upholds the view of the Information Commissioner’s Office (ICO). The five forces have as a result been ordered to delete old criminal convictions from the Police National Computer (PNC).
Last year the ICO investigated five complaints about the retention of old conviction data and concluded that the data was no longer relevant and was excessive for policing purposes. Under the Data Protection Act 1998, personal information processed for any purpose should be adequate, relevant and not excessive and should not be kept for longer than is necessary for that purpose.
The ICO issued enforcement notices to the forces to delete the material but the police appealed.
There have now been calls for clear national guidelines so that forces can take a consistent approach to the retention of criminal records.
The full judgment can be found at link [164 Kb]