In a message dated 26/02/04 08:58:00 GMT Standard Time,
[log in to unmask] writes:
> Nevertheless, there is anecdotal evidence that the police are pressured by
> the IC to
> delete data. Ask a force DP officer if you don't believe me, I have heard
> several of them complaining that the Commissioner's views post-Soham are not
> consistent with his practice.
--------
There's also evidence in the Commissioner's Annual Report:
"A data subject complained that a police force had disclosed personal data
about him to his employer that had resulted in him losing his job. At the time
of the complaint the police force had held the information for over three
years. The information consisted of allegations about the data subject but no
police action had been taken on these, the data subject had never been
interviewed or charged and the force held no other information about him. Until the
information was disclosed to his employer the data subject was unaware that the po
lice held any data about him. The police force were requested to delete the
information as it had been kept for longer than necessary for the purpose.
They refused to do so and maintained that as the information had been regularly
reviewed they could continue to retain it. The Information Commissioner then
informed the police force that he would be taking enforcement action against
them. The police force then decided that in view of the time that had elapsed,
and as no further information about the data subject had come to their notice
they would delete the data from their records."
Hardly consistent with the Commissioner's assertion: "The Information
Commissioner has given no formal instructions or directions to any Police force on
the retention of personal information under the DPA."
Did he mean "no general instructions or directions, excluding specific cases"
?
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:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
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E-mail: [log in to unmask]
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