Richard Ford: Home Correspondent
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to The Sunday Times
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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the nazis kept meticulous records too
Udo , Melbourne, Australia
im a sufferer of this,im a singe mum of four,i applied for a mobile cleaning job,i was taken on ,i was given alot of responsibiliy,i had sets of keys,i knew access codes,i was really enjoying the job,then my CRB came through thedoor,a few days later,i was told not to back into work,and was given a weeks notice,because of information held about me and my children being involved with social services,we had gone through a bad time,and i ended up with a drink driving conviction and i had 1 caution for an allegation that had been made against me for assaulting another girl,i was so devestated i had got through a very difficult time,and in 1 foul swoop had all my hard work thrown back in my face,i felt so embarrased and degraded,all that just for a cleaning job in a school,the best thing was my manager said she would give me a good reference,because she thought i was a good worker,no wonder there is no insentive for teenagers these days,i dred the day mine go for a job.Y BOTHER
A.Burnham, North Yorkshire, UK
Richard, Norwich,
Strange ranting there Richard, as an Ex-pat I watch from a distance as London istalls more cctv cameras than the whole of the US, non-violent free speech is not allowed within a mile of parliament, ID cards and passports with sensitive personal information is to become mandatory (both of which have already been been proven to be incredibly easy to read). All this is in the name of the war against terror. How pray tell did these cctv wonders of science not get 1 clear shot of the 7/7 'terrorists' when they should have been captured by at least 60?
Keeping records about some 16 yer old that nicked a can of spam is totally unacceptable, and ant true Englishman should be up in arms (not literally).
The police powers are far too sweeping and WILL become more so. Were I you I would be concerened right now, although its already probably too late to salvage anything of your freedom taken from you without consent from the government you voted in . Either that or move!
Jon OConnor, Canary Islands, Spain
Well, I can see here all the usual traits being displayed by the lib-leftists: persecution complex, paranoia and cognitive egocentrism.
That aside, you never know what is relevent in an investigation. Please stop this ridiculous nonsense of a "police state" and let the police get on with it.
Richard, Norwich,
There seems to be an obssesion in certain quarters with ensuring that the consequences of criminal behaviour are always to be minimalised. The well healed who live in safe environments do not seem to care about the quality of life of the decent working class people who sufferer most from the criminals.
The debate will usually start with weasel words such as "trivial" but in no time the definition of trivial comes to include threats of violence and other frightening crimes.
p mckenna, inner city Liverpool,
Police Detective work is all about attention to detail, and very often it is the small observations of another Officer that clears or provides the vital link to the successful investigation. These records are factual records of events - You cannot obliterate or ignore the past! Remove these records and one can justifiably argue why not remove any record of anyone who has not been sentenced to less that say two years imprisonment! This is a dumbing down of Society! Labour tough on crime - don't make me laugh!
Anthony WALKER, Louth, Lincolnshire, UK
I recently rang the British Embassy, Tokyo (boy, are they demoralised) to ask if there was a way I could access my police record (if any), to confirm there was "nothing recorded against". Not that I was planning a visit to UK, but you never know. The thought was that my somewhat less than totally complementary comments regarding the present UK government may have landed me on a Prevention of Terrorism list compiled by those sons of fun at GCHQ, Cheltenham. What used to fall under freedom of speech has now become an offence in Police State UK. The Embassy didn't have a clue, but what else is new? They know less than half of FA, anyway.
Andrew Milner, Yokohama, Japan
Speaking as someone who was convicted of a minor offence 11 years for which I received probation I think that the guidelines set out in the Rehabilitation of Offenders Act for non custodial sentence are followed. This states that once a non custodial conviction is over 10 years it is spent, ie it didn't exist.
This in practice means that for any job I apply for I can state in all honesty I have no criminal record. However if I want to visit the US or emigrate or work for the Government or even a charity I will be banned because this ridiculous conviction is still on the Police Database.
I have not been in any trouble with the law during the past 11 years and in fact am on my local Neighbourhood Safer Police Panel which sets the local Police priorities. Why therefore should I still be penalised for something which happened so long ago and for which I have served my punishment? We all do stupid things in our 20's. It shouldn't be held against you until you're 100!
Stephanie James, London, England
Gary, it is hardly rocket science. You sound as if there would be the need for an individual to reassess all the records. All offenses in the police database have already been assessed by judges and officers of the law.
So let's see, where would a line between a serious and a non-serious offense lie? Maybe that line could be a custodial sentence.
Therefore a rule such as "any criminal offense older than 5 years that did not require a custodial sentence, which was committed by an individual under the age of 18 who has subsequently not reoffended should be deleted" could be applied.
Richard, New Malden,
Where do you draw the law between a serious offence and a non-serious one? Which offences should we keep and which should we drop from the register?
Gary Horlock, Crawley,
I have recently been turned down for a number of jobs, after some investigation I have been told (by a recruitment agency) that someone with the same name was places on the sex offenders register some 10+ years back.
I wonder if I can go public with the names of the companies that haven't bothered to check information properly?
Martin, Bournemouth, UK