NON Conviction Data

John Anderson made this Freedom of Information request to Strathclyde Police

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Sir or Madam,

Under the freedom of information act Scotland

I wish to know how long police forces in Scotland hold information on people who were charged but not convicted of an offence in a court ie, acquitted, not guilty or not proven. I also wish to know how long this information is disclosed on an enhanced disclosure application under the additional information section for the following offences.

Assault
Drink Driving
Breach of the Peace

Yours faithfully

John Anderson

1 Attachment

NOT PROTECTIVELY MARKED

Mr Anderson.

Please see attached response>

Regards

Inspector Graeme Cuthbertson
Force Disclosure Unit
Force Headquarters
Int 704 1205
Ext 0141 435 1205

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Dear INFO,

You're Reference : 0899/2008

Firstly may i thank you for the prompt reply.

For clarification purposes can you confirm that non conviction data can be held without time limit as per the Disclosure Scotland weeding policy. Quote from the policy from enclosed for info.

http://www.disclosurescotland.co.uk/PDF/...

"For intelligence to be retained it must be relevant, but in some cases information will have to be retained for long periods if the police are to effectively discharge their duties."

I would assume that "retained for long periods" does not have a limit attached.

The Data Protection Act also states "that personal data must be kept for no longer than necessary"

Once again thank you for you're assistance.

Yours sincerely,

John Anderson

NOT PROTECTIVELY MARKED

Mr Anderson,

Further to your request I can advise that the retention of information
(by the force) is, among other considerations, governed by the
requirements of the Data Protection Act 1998 (the Act). As you rightly
point out the Act's Principles which can be accessed here
http://www.opsi.gov.uk/Acts/Acts1998/ukp... apply,
and in terms of your request probably relate more to Principles 3, 4 and
5:

Personal data shall be adequate, relevant and not excessive in relation
to the purpose or purposes for which they are processed.
Personal data shall be accurate and, where necessary, kept up to date.
Personal data processed for any purpose or purposes shall not be kept
for longer than is necessary for that purpose or those purposes.

"Retained for long periods" therefore does not necessarily mean
indefinitely. The organisation holding relevant information would
determine that information still held complies with the Principles.

If any person thinks an organisation holds information about them that
is in contravention of the Act (or its Principles), then they can apply
under the Subject Access process to be notified of what information is
held about them. The body will then provide an appropriate response
under the provisions of the Act. If on confirmation of such the
individual believes information should not be held, or is wrong, they
can ask for it to be removed or updated. If all else fails they can
bring the matter to the attention of the Information Commissioner who
oversees compliance with the Act.

I hope this clarifies things for you.

Regards

Inspector Graeme Cuthbertson
Force Disclosure Unit
Force Headquarters
Int 704 1205
Ext 0141 435 1205

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John Anderson left an annotation ()

It doesn't look as if innocent until proven guilty applies

Bryan left an annotation ()

Basically the Police can inform a employer even when a person is not guilty in the eyes of the Law! If not found guilty, information for Police only. Should not be able to tell others, it has NOT be proven. Therefore if the accused was found not guilty or not proven, throws doubt on the ''Intelligence''

Angel left an annotation ()

What about Soham - if the police were able to tell employers about 'intelligence' they held, then the two girls may still be alive! its a no brainer . . . If you are not involved in criminality, you have no need to worry!

Gary left an annotation ()

Angel: Unfortunately like everyone else the police make mistakes. But in the case of retention of records when no offence has occurred or the police admit they got it wrong, they do not have to make ammends for those mistakes.

Even if you have just the details of an arrest on your record, but were never convicted, then you face the prospect of having to get a visa in order to travel for the remainder of your life. Do you consider that to be justice Angel?

Gary left an annotation ()

Angel: Unfortunately like everyone else the police make mistakes. But in the case of retention of records when no offence has occurred or the police admit they got it wrong, they do not have to make ammends for those mistakes.

Even if you have just the details of an arrest on your record, but were never convicted, then you face the prospect of having to get a visa in order to travel for the remainder of your life. Do you consider that to be justice Angel?

These police mistakes can be challenged, but it is a very, very long process and the police will only then delete records under very exceptional circumstances. Justice is meant to protect the innocents, but Angel it does not do so when those innocents find themselves arrested.