[log in to unmask] on 12 August 2004 at 09:04 said:-
> I read in the ICO's annual report about the police not having
> the ability to
> remove an inaccurate record from the PNC
> (even though the person had proved their innocence) because
> there was no way
> of leaving the crime on record. In this case they added a
> comment to the
> effect that the man named could not have been the offender.
>
> Can this ever be right? How are crimes recorded when there
> is no suspect?
You appear to be confusing the PNC with Crime Recording. It certainly is
possible for a record to be removed from the PNC Convictions History if
required.
The argument sounds like the one that when a suspect is added to a Crime
Record, it would be wrong to remove them if it was found they were innocent
of any involvement in that crime because it would make the Crime Report
incorrect. It seems to me this is muddy thinking on the purpose of a Crime
Reporting system, or a merging of two distinct purposes within one
technological answer. e.g. is a Crime Recording purpose a Crime
Investigation purpose - simple systems analysis.
I would suggest that some law enforcement agencies only have Crime Recording
Systems and hence also use those to record investigative matters. The
original specification of the system, probably dictated by cost, will define
any systems original purpose and functionality. Changes made at a later date
should normally include documented software changes where the new use(s) is
incompatible with the originally specified purpose. In my opinion if Crime
Recording is also used to record investigative actions, there should be
distinct functional differences in the systems design as the logical
progression of both processes is different. I would however guess that the
police systems have not yet developed to that extent, or are still
developing in that area. As with most organisations a properly conducted
and paid for wide ranging systems analysis to inform an IT strategy or adapt
it on a regular basis would be beneficial to them. But, somewhat like
utilising outside consultants avoiding or reducing cost is seen as an
advantage.
It is also possible that the PNC contains links within records to local
Crime Recording Systems.
The main problem arising for innocent people is where their name has been
used as an alias by an offender; once recognised an aliases will normally
remain on the offender's record. Rather unfortunate for those poor innocent
souls who will then continue to suffer the consequences of somebody else's
unlawful actions. I guess some may see that logically the ID card as a way
of avoiding that problem.
It is heartening to know that all those police systems are utilised in
vetting for the CRB.
Oh well, my eleven-o-clock milky drink is getting cold so I had better stop
rambling.
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> [log in to unmask]
> Sent: 12 August 2004 09:04
> To: [log in to unmask]
> Subject: Deleting inaccurate data
>
>
> Dear All
>
> I was prompted by Roland's comment: "The simplest thing would
> be for you to
> destroy the data that referred to the police enquiry, when
> you thought it was
> no longer relevant."
>
> I read in the ICO's annual report about the police not having
> the ability to
> remove an inaccurate record from the PNC
> (even though the person had proved their innocence) because
> there was no way
> of leaving the crime on record. In this case they added a
> comment to the
> effect that the man named could not have been the offender.
>
> Can this ever be right? How are crimes recorded when there
> is no suspect?
>
> Ian B
>
>
> Ian Buckland
> Managing Director
> Keep IT Legal Ltd
>
> Please Note: The information given above does not replace or
> negate the need
> for proper legal advice and/or representation. It is
> essential that you do not
> rely upon any advice given without contacting your solicitor.
> If you need
> further explanation of any points raised please contact Keep
> I.T. Legal Ltd at
> the address below:
>
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> Inkersall, Chesterfield
> Derbyshire S43 3HP
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> Tel: 01246 473999
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