Police have been ordered to remove ancient crime records from their national computer by the information watchdog, it is revealed today.

In a move with huge consequences for the storage of criminal records, the Information Commissioner said that holding decades-old information of a minor nature breaches privacy laws. But the police are challenging the move which, if it goes ahead, would lead to tens of thousands of records being deleted from the police national computer.

The initiative by Richard Thomas could also lead to police in England and Wales revising their policy on storing criminal records until a person is 100. Four police forces have been ordered by Mr Thomas to delete criminal records because they are “no longer relevant” and breach data protection rules. He acted against North-umbria, Humberside, West Midlands and Staffordshire police after receiving complaints from four people. They had all applied for jobs but, when a criminal records bureau check was carried out, their past offending came to light.

One record held by Humberside Police related to the theft of a packet of meat worth 99p in 1984, when the person was 16. Another, held by police in the West Midlands, related to an attempted theft committed more than 25 years ago, for which the individual was fined £25.

A spokesman for Mr Thomas said: “The Information Commissioner’s Office is concerned that the old conviction information is held contrary to the principles of the Data Protection Act because the information is no longer relevant and is excessive for policing purposes. Personal data processed for any purpose should be adequate, relevant and not excessive, and should not be kept for longer than is necessary for that purpose.”

Mr Thomas has issued enforcement notices requiring the four police services to delete the individuals’ records. But the forces are appealing to the Information Tribunal, which means that the files will remain on the police computer until at least January, when the case will be heard.

Mick Gorrill, an assistant information commissioner who is a former detective superintendent, said: “Each case relates to individuals who have been convicted or cautioned on one occasion and have not been convicted of any other offences. Some of the incidents date back nearly 30 years.”

He added: “The offences were noncustodial and we believe there is no justification in terms of policing purposes for retaining the information.”

Mr Gorrill said that before the Bichard inquiry, which followed the conviction of Ian Huntley for the Soham murders, police weeded out many records going back more than ten years. He added that guidance had been issued after the inquiry over which convictions should be kept on the police national computer until the person reaches 100.

David Davis, the Shadow Home Secretary, said: “This ruling exposes the lack of proper guidance for police on when and how they retain crime data.

“If serious crimes have been committed, it is appropriate for information to be retained by the police. But in more trivial circumstances a greater degree of proportionality is required.”

Grant Shapps, Conservative MP for Welwyn Hatfield, who campaigned against children with no convictions being put on the DNA database, said: “Because the regulations are too rigid the police sometimes find themselves unable to exercise commonsense in response to minor one-off offences carried out during adolescence. This can have serious detrimental effects on an individual’s career.”

Nick Clegg, the home affairs spokesman for the Liberal Democrats, said of the enforcement notices: “This looks like a commonsense decision. It is hugely important that the Information Commissioner should protect people’s rights and privacy.”

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