ICO order fuels criminal record retention disagreement

The Information Commissioner's Office (ICO) has ordered four police forces to delete old criminal convictions from the Police National Computer (PNC).

But the Association of Chief Police Officers (ACPO) has hit back at the ICO's decision to publicise the order, as it is still pending a tribunal decision due early in the New Year.

The disagreement has occurred because four people, whose convictions range from to the theft of a 99p packet of meat stolen in 1984, by a person under 18 who was fined £15, to a record held by Staffordshire Police relating to a person under 14 who was cautioned by the police for a minor assault. In the latter case, the individual was told that the information would be deleted when they became 18, but have now been told that the record will not be deleted until they reached 100 years of age.

The ICO said it is concerned that this old conviction information is held contrary to the principles of the Data Protection Act (DPA) because the information is no longer relevant and is excessive for policing purposes.

"Personal data processed for any purpose should be adequate, relevant and not excessive, and should not be kept for longer than is necessary for that purpose," it stated. And, after investigating complaints from four individuals, the ICO has issued Enforcement Notices to Humberside, Northumbria, Staffordshire and West Midlands Police.

Mick Gorrill, assistant commissioner for the ICO, who also held the rank of detective superintendent in the police prior to retiring after thirty years service, said: 'Each case relates to individuals who have been convicted or cautioned on one occasion and have not been convicted of any other offences. Some of the incidents date back nearly 30 years. The offences were non custodial and we believe there is no justification in terms of policing purposes for retaining the information. The retention of the previous conviction information is causing harm and distress to the individuals concerned. I. We are not satisfied that in these particular cases this information will be of any use for policing purposes."

The police, however, are appealing each case to the Information Tribunal under the need to retain records according to the Rehabilitation of Offenders Act, which, after the Soham murders and Bichard enquiry, only allows prospective employers to access criminal records if the candidate in question is to work with children. The tribunal means the information in question does not need to be deleted until after the appeal is determined.

Ian Readhead, deputy chief constable of Hampshire and ACPO lead on Data Protection and Freedom of Information said in a statement: "It is regrettable that the Information Commissioner has decided to go public on a matter that he knows will be subject of an Information Tribunal hearing early in the New Year and is therefore potentially sub judice.

"In view of this, the Association of Chief Police Officers and the Forces involved do not think it is appropriate to comment on the cases, either individually or collectively."

The ICO had not yet responded to the ACPO statement at time of writing.

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