Hmm. Not quite. I agree that it happened, and is therefore on the record.
The question is, which record, where?
If we think of paper records, twenty-year-old information does not have the
same prominence as current information. It's likely to be fading away
somewhere in a separate archive; retrieval would be possible, quite rightly,
but not automatic.
One of the original reasons for having a Data Protection Act in the first
place was because computers change the picture. The information stays crisp
and shiny for as long as you hold it. You have to actively 'fade it away'
if it is to work the same way as a paper record. I think it's legitimate
for people to feel uncomfortable if that's not done.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Antoinette Carter" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, October 19, 2009 2:52 PM
Subject: Re: police need not delete conviction data after all
I believe it for the prospective employer to exercise the
decision/discretion about the proportionality to the crime, not the
Police, who should I believe should be simply recording the facts. The
fact is the crime happened; it is a historical fact that should not be
wiped as though it never happened.
Antoinette Carter
Information Policy Adviser, Information Governance
Global Information Systems (GIS)
Tel: (0)20 7389 4016
BCTN: 8 010 4016
Email: [log in to unmask]
________________________________
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Bailey, Trish
Sent: 19 October 2009 14:28
To: [log in to unmask]
Subject: Re: [data-protection] police need not delete conviction data
after all
Hmmmm ....... needs to be proportionate to the crime. If the individual
stole a piece of meat for 65p 45 years ago and no further criminal
activity recorded then one would definitely destroy the "conviction
information".
On the other side of the coin, if you have Ian Huntley who had several
"unproved at the time" allegations of indecent behaviour, yes I would
be keeping that data along with the conviction data for ever. Its not
just "applying one rule for all in this category" its about retention
risk management and retention guidelines issued around that risk
assessment.
Lets hope the police modify their procedures to reflect this now they
have won their case. It would certainly go a long way in balancing
information & record management of public information proportionate to
the crime.
Trish Bailey (MSc)
Information Governance
The British Council is the United Kingdom's international organisation for
educational opportunities and cultural relations. We are a registered
charity; 209131 (England and Wales) SC037733 (Scotland). We build engagement
and trust for the UK through the exchange of knowledge and ideas between
people worldwide.
This message is for the use of the intended recipient(s) only. If you have
received this message in error, please notify the sender and delete it. The
British Council accepts no liability for loss or damage caused by software
viruses and you are advised to carry out a virus check on any attachments
contained in this message.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at
http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list
owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your
needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at http://www.jiscmail.ac.uk/help/commandref.htm
Any queries about sending or receiving messages please send to the list owner
[log in to unmask]
Full help Desk - please email [log in to unmask] describing your needs
To receive these emails in HTML format send the command:
SET data-protection HTML to [log in to unmask]
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|