Mr John Brown
Via email to:
mailto:[FOI #8577 email]
Our Reference: 46632
3rd March 2009
Dear Mr Brown,
I am writing with reference to your request for information regarding ownership of
data on the Police National Computer made under section 1(1) of the Freedom of
Information Act 2000.
You asked for the following information:
(a) What is the legal/statutory basis for stating that each force owns the data, e.g.
records of convictions which are records of successful prosecutions?
(b) What is the legal/statutory basis for stating that ACPO is the representative
owner - ACPO is a limited company, please explain how it acquires "representative"
ownership of sensitive public records?
Our responses are as follows:
(a) Each force owns the data as it is the force that makes the initial entry on to PNC
of the charge. As the person progresses through the legal system, further
information may be added. The end result is the court conviction for what could be
a plea to a lesser offence. All of the above data is entered by the police therefore
each Chief Constable owns the data that constitutes a PNC record.
(b) ACRO undertakes its responsibility for Chief Constables by way of a data
processing agreement. This is compliant with the Data Protection Act and formally
records duties and liabilities.
National Policing Improvement Agency
Your right to complain
We take our responsibilities under the Freedom of Information Act seriously but, if
you feel your request has not been properly handled or you are otherwise
dissatisfied with the outcome of your request, you have the right to complain. We
will investigate the matter and endeavour to reply within 3 – 6 weeks. You should
write to:
Gavin McKinnon
Head of Secretariat
National Policing Improvement Agency
10-18 Victoria Street
London
SW1H 0NN
E-mail:
[email address]
If you are still dissatisfied following our internal review, you have the right, under
section 50 of the Act, to complain directly to the Information Commissioner. Before
considering your complaint, the Information Commissioner would normally expect
you to have exhausted the complaints procedures provided by the NPIA. The
Information Commissioner can be contacted at:
FOI Compliance Team (complaints)
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Further information about the NPIA is routinely published on our website at
www.npia.police.uk or through our publication scheme. If you require any further
assistance in connection with this request please contact us at our address above.
Yours sincerely,
Phil Cundy
Service Improvement Manager
National Policing Improvement Agency
Email:
[email address]
Web:
www.npia.police.uk
© NPIA (National Policing Improvement Agency) 2007