Personal Data Retention

Wayne Leigthon made this Freedom of Information request to National Police Chiefs' Council

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 successful.

Dear National Police Chiefs Council,

Firstly, I would like to start by thanking you. I made a request recently about information on the PNC and you did not hold the information but you still went to the trouble to find me it and you were under no obligation to do so, I appreciate that, thank you

My request today is because I am confused about the amount of information concerning data policies. Your guidance on the deletion of records from the PNC is very useful but I am seeking information concerning local police forces computers not the PNC. The ACPO Guidance of Police information was also helpful but that has now been superseded by the APP and further, as the GNDR and DPA 2018 have come into force I am unclear about data retention periods held by a local police force.

So the information I am requesting is in regards to the retention period of sensitive data, in particular, data concerning allegations of offences.

If a prosecution for a "non recordable" offence failed, because the prosecution offered "no evidence", how long can that personal sensitive information on the data subject who was unsuccessfully prosecuted be allowed to be retained for by the police?

Am I right in thinking that the usual 6 year retention period for "convicted" offences is not applicable? If it is a non recordable offence that failed (not even a trial taking place), then as that personal data was obtained for the purposes of law enforcement, that the retention of that data cannot be necessary to serve the policing purpose that it was obtained for?

Yours faithfully,

Wayne Leighton

National Police Chiefs' Council

FREEDOM OF INFORMATION REQUEST REFERENCE NUMBER: 000125/18

A Freedom of Information request has been received by the NPCC on 20/07/2018.

The NPCC is not yet a designated body covered by the terms of the Freedom of Information legislation. Following the dissolution of the Association of Chief Police Officers (ACPO), designation under the Freedom of Information Act did not automatically transfer across to the National Police Chiefs’ Council (NPCC).

For these reasons it is important that you clearly understand that not being bound by the legislation means that the NPCC cannot apply exemptions to disclosure, engage the fees regulations and there is no recourse from the applicant’s perspective to the Information Commissioner’s Office.

NPCC Acknowledgement:

It is the intention of the NPCC to comply with the spirit of the legislation and I hope to be in a position to respond to your within the statutory timescale of 20 working days subject to the provisions of the Act.

In the unlikely event that the NPCC is unable to meet the 20 working day deadline, you will be informed as soon as possible and given a revised time-scale for response.

Kind regards.

Sherry

Sherry Traquair
NPCC Freedom of Information Officer & Decision Maker

National Police Freedom of Information & Data Protection Unit (NPFDU)
PO Box 481, Fareham, PO14 9FS

http://www.npcc.police.uk/NationalPolici...

T | 02380 478922
M | 077 685 53447
E | [NPCC request email]
W | www.npccc.police.uk

NB: Non-work day - Friday

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National Police Chiefs' Council

1 Attachment

Good afternoon

 

Please find attached NPCC response to your Freedom of Information request.

 

With kindest regards.

Sherry

 

Sherry Traquair

NPCC Freedom of Information Officer & Decision Maker

 

National Police Freedom of Information & Data Protection Unit (NPFDU)

PO Box 481, Fareham, PO14 9FS

 

[1]http://www.npcc.police.uk/NationalPolici...

 

T   | 02380 478922

M | 077 685 53447

E   | [2][NPCC request email]

W | [3]www.npccc.police.uk

 

NB: Non-work day - Friday

 

show quoted sections

References

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1. http://www.npcc.police.uk/NationalPolici...
2. mailto:[NPCC request email]
3. http://www.npccc.police.uk/