The Information Commissioner’s Office (ICO) has ordered the
deletion of the records because the holding of them breaches the
Data Protection Act, whose enforcement the ICO monitors.
“The ICO 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,” said an ICO statement. “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.”
The ICO said that the incidents involved were not serious and in
some cases involved people who were minors at the time. The
incidents are up to 30 years old and in each case involve people
who were never again convicted of an offence.
Humberside Police, for example, holds a record of a person’s
theft of a 99p packet of meat in 1984 when that person was under 18
years' old. Staffordshire Police hold a record of a 14-year-old’s
caution for minor assault. The police force told the woman that the
record would be deleted when she turned 18, but now says that it
will not be deleted until the woman is 100 years old.
“I held the rank of detective superintendent in the police prior
to my retirement after 30 years service. We are not satisfied that
in these particular cases this information will be of any use for
policing purposes,” said Mick Gorrill, Assistant Commissioner for
the ICO. “Each case relates to individuals who have been convicted
or cautioned on one occasion and have not been convicted of any
other offences. The offences were non-custodial and we believe
there is no justification in terms of policing purposes for
retaining the information. "
“The retention of the previous conviction information is causing
harm and distress to the individuals concerned,” he said.
The police forces may retain the records while their appeal is
processed by the Information Tribunal.
