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The Campaign for

Freedom of Information

Suite 102, 16 Baldwins Gardens, London EC1N 7RJTel: 020 7831 7477

Fax: 020 7831 7461

Email: admin@cfoi.demon.co.uk

Web: www.cfoi.org.uk

Hon. President: Godfrey Bradman Parliamentary Co-Chairs: Helen Jackson MP

Co-Chairs: James Cornford, Neil McIntosh Archy Kirkwood MP

Director: Maurice Frankel Richard Shepherd MP

Mr W.E. Metcalfe

Director

National Identification Service

New Scotland Yard

Broadway

London SW1H OBG

August 13, 1997

Dear Mr Metcalfe,

Data Protection Act - subject access requests

I have been approached by someone who has made a subject access request to the NIS

for details of their Prosecution/Conviction History and received a reply which states:

Prosecution/Conviction History

The Data Protection Act places an obligation on the Police when holding

personal information on computer to provide a copy of that information

(unless an exemption applies) to the individual concerned on request.

From the personal details supplied in your request there is no information

which the Chief Officer is required to supply under the provisions of the

Act.

This reply is open to the interpretation that the Police may hold information relating to a

prosecution or conviction against this persons name, which they are unwilling to

disclose on the grounds that it is exempt.

I recognise that the formula in the reply is intentionally ambiguous, so that it can be

used both where (a) no information at all is held about the applicant and (b) information

is held but is exempt. I also appreciate that there may be circumstances where the

police may wish not to alert someone who they suspect of criminal activity that

information about their activities is held.

However, I wonder whether it is helpful to reply in these terms to people who are

merely applying for details of any prosecution or conviction recorded against their

name. Such information, if accurate, will always be known to the individual concerned,and its disclosure could not prejudice the prevention or detection of crime or the

apprehension or prosecution of offenders and therefore could presumably never qualify

for exemption under section 28(1) of the Act.

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Access to such data may be sought to check that no inaccurate reference to a criminal

record is held against the individuals name: a false reference to a conviction, perhaps

arising from a confusion of identity, could clearly be extremely damaging. Someone

who is concerned about the possibility of such a mistake is likely to become even more

anxious on receiving an apparently evasive reply which fails to either confirm or deny

whether any such data is held.

I have telephoned the NIS Subject Access Office and been told that the reason for the

current practice is that the database which holds prosecution/conviction data also

contains information on wanted persons, and it is this which may qualify for exemption.

I was also told that where a prosecution or conviction is recorded, this would always be

disclosed to the individual.

This is however not clear from the letter sent to applicants. I would have thought thiscould be done without difficulty and I wonder if in future it would be possible to reply

to such subject access requests either by:

stating explicitly that there is no record of any prosecution/conviction against theindividuals name, or

by supplying a copy of any such data which is held.A rider could be added to the effect that the database may also contain information

relating to other matters, which may qualify for exemption, but no such information is

held which is required to be supplied under the Act.

Yours sincerely,

Maurice Frankel

Director

cc Elizabeth France, Data Protection Registrar

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NATIONAL IDENTIFICATION SERVICE

New Scotland Yard, Broadway, London SW1H OBG

Switchboard: 0171 230 1212 Fax: 0171 2300 715

Direct Line: 0171 2304458

Mr M Frankel

Director

The Campaign for

Freedom of Information

Suite 102

16 Baldwins Gardens

London, BCIN 7RJ

18 March 1998

Dear Mr Frankel,

Data Protection Act -Subject Access Requests

You may recall that you contacted us last August with a request that we clarify the standard

wording on the 'no-trace' disclosures we make from the prosecution/conviction data held on the

Police National Computer.

I am pleased to be able to tell you that we have amended our standard reply to say the following

(where appropriate):-

"From the personal details supplied in your request there is no information held about you in the

Person Record category of the Police National Computer."

I am sorry that we were not able to implement the change any sooner but it has taken a long time

to clear the revised text through our legal advisers and the office of the Data Protection Registrar.

Yours sincerely