A new PNLD web site (Not to be confused with the PNLDB (Police National
Legal Database - which contains details of all criminal offences and the
standards of evidence the police need to meet) has been launched. The PNLD
is stated to be a police faqs web site for the public -
[log in to unmask]" target="_blank">http:[log in to unmask] -.
In order to update myself on any changes to the retention schedules for the
information held on the PNC which may have occurred during the last couple
of years I had a quick look at the site.
With those retention periods being a commonly recurring administrative
question asked about PNC records I had expected to find details, but was
somewhat surprised to find nothing about the formula's used published there.
What was equally surprising was finding a description of the enforced
subject access process utilised by some employers without mention of the DPA
s.56. - http://www.policefaqs.org/Content/Q87.htm -. Many may consider that
section of the DPA should not be enforced, equally some consider police
records should be exempt from SAR as it would ease the burden on the police,
enabling them to function more effectively if there was no external scrutiny
by data subjects.
Even more surprisingly, was an entry describing the results of accepting a
penalty notice for disorder - http://www.policefaqs.org/Content/Q478.htm -
which, if the answers relating to the enforced subject access are considered
is somewhat misleading to a person who may not understand how the
information recorded as a result of their decision to forego any supporting
legal process at that point may compromise them; which brings me to the main
questions raised:-
How detailed does principle one information need to be in order to provide
assurance that the fair obtaining and processing rules have been applied.
Can, as in the case illustrated, it be assumed that the data subject is
aware of any subsequent use of personal data, which the collecting data
controller is aware of, even if the subsequent processing is not carried out
by that particular data controller, but rather as a result of processes they
may promote, but possibly may not be able to openly support.
Ian W
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