Spot and Search

Dear Sir

With reference to your request dated 10th July 2009 asking:

Can you inform me how long stop and search data is held and is it released
in an enhanced disclosure.

British Transport Police can advise you that stop and search data is
retained for seven years and such data is not released as a result of an
Enhanced Disclosure.

I trust this answers your question, but please do not hesitate if you
require anything further

Brian Coleman BA MSc
Information Standards Manager

Information Standards Unit
British Transport Police
25 Camden Road
London
NW1 9LN

Tel 020 7830 6751

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Dear Sir

In respect of the points you raise, BTP can supply the following
information.

By law an individual may make a request up to 12 months from the date of a
search for a copy of the stop record. This is not the length of time that
British Transport Police or any police force will retain the record, only
the length of time an individual has a right to request a copy of it.

For your information the relevant legislation that gives this right is The
Police and Criminal Evidence Act 1984.

Section 3(7). If a constable [or designated person] who conducted a
search of a person made a record of it, the person who was searched shall
be entitled to a copy of the record if he asks for one before the end of
the period specified in subsection (9) below.

Section 3(9). The period mentioned in subsection (7) above is the period
of 12 months beginning with the date on which the search was made.

For legal reasons British Transport Police retain the data for a period of
7 years in line with the Limitations Act 1980.

In respect of the comment that `the information won't be held on file
against you unless you are charged with an offence' is slightly
misleading. This information is not `held against you', it is simply held
for administrative purposes. To enable BTP to meet any request for a copy
of the record within the 12 month period it is preferable to search by a
persons name and where possible cross reference to an address and or date
of birth.

British Transport Police does ensure its compliance with the Data
Protection Act 1998 and recognise that when a person gives a name and
address hen stopped it is with consent and accept that consent can be
withdrawn at any time. When consent is withdrawn the personal
information, name and address, will be deleted from the record. All that
will be held will be the metadata BTP need to meet its responsibilities in
supplying statistical data to the Home Office.

In your case I have asked our unit which maintains this data to remove
your personal details.

Regards

Brian Coleman BA MSc
Information Standards Manager

Information Standards Unit
British Transport Police
25 Camden Road
London
NW1 9LN

Tel 020 7830 6751

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