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Date: April 29, 2024 Mon
Time: 8:09 pm
Time: 8:09 pm
Results for criminal records (u.k.)
2 results foundAuthor: Magee, Ian Title: Review of Criminality Information Summary: This independent Review of Criminality Information (ROCI) examined how information is recorded, used and shared in the interests of public protection. Criminality information is any information which may be relevant to the prevention, investigation, prosecution or penalising of crime. The review made recommendations which are aimed to improve the safety of the public and to increase the efficiency of the public protection system. Details: London: Review of Criminalist Information, 2008. 162p. Source: Internet Resource Year: 2008 Country: United Kingdom URL: Shelf Number: 114771 Keywords: Criminal Justice, Administration of, U.K.Criminal Records (U.K.)Data ProcessingInformation Storage and Retrieval Systems (U.K.)Police Administration (U.K.) |
Author: Mason, Sunita Title: A Balanced Approach: Independent Review Summary: The debate around what criminal records should be held on the Police National Computer (PNC) , and for what length of time, started to surface more clearly in 2009 when the issues were raised in a case commonly referred to as the “Five Constables Case”. The case arose from action taken by the Information Commissioner against five police forces in relation to information held on five individuals which, he argued, should have been deleted from the PNC because they involved relatively old and minor criminal records. The information held in one of those instances related to a reprimand that was recorded when the individual was 13. In the other four cases the individuals were convicted in court of what, it could be argued, were relatively minor offences. They became aware that these details were recorded on the PNC when in one case the individual requested details to support a visa application and in the other cases the information was disclosed to prospective employers as part of pre-employment checks. The main feature with all five cases referred to the fact that the information was held and subsequently disclosed to the detriment of the individual, which it was argued, was not proportionate. The Information Commissioner took these cases up on behalf of the individuals as breaches of the 3rd and 5th Data Protection Principles. He argued that the data was irrelevant and excessive for the purposes for which it was being held and that it was not being used for the purposes for which it was being collected. This was contrary to the police view that criminal records are critical for core police purposes and for other areas of the criminal justice system such as providing full antecedent history to a court. The case culminated with a Court of Appeal hearing in July 2009 and a judgment was handed down in October 20093. The judges were unanimous in giving a strong view that the police should determine what information is kept and agreed that deletion was not required in the cases at issue. They agreed that retention in these cases did not contravene the Data Protection Principles because it was consistent with the purposes specified by the police. Although the judges recognised that criminal record information should be retained by the police on the PNC, they did recognise that there is a real and different set of issues around access to and disclosure of these records. Given the subject of the appeal the judges did not feel that it was their role to discuss or pass judgment on these issues. Similarly to the judges, the Information Commissioner was also concerned with the issue of disclosure because he felt the information held was being used for purposes beyond that for which it was being collected therefore breaching data protection legislation. This report presents a review of PNC retention and disclosure arrangements to provide an independent perspective on whether a more proportionate approach could be taken. Details: London: Home Office, 2010. 52p. Source: Internet Resource: Accessed April 19, 2011 at: http://library.npia.police.uk/docs/homeoffice/balanced-approach-criminal-record-information.pdf Year: 2010 Country: United Kingdom URL: http://library.npia.police.uk/docs/homeoffice/balanced-approach-criminal-record-information.pdf Shelf Number: 118316 Keywords: Criminal Records (U.K.) |