Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Has he asked for a copy of his PNC please?
Hello, I understand he asked for information on the Police's crime register.
The Police responded to his SAR and provided a copy of what they state is a Crime Summary.
The Crime Summary is summarised as "in which you are recorded as the offender for harassment."
Alex Watts : But has he asked for a copy of his police national computer printouts? This would list any convictions etc
I do not believe so.
Alex Watts : Ok he needs to ask for that,
Alex Watts : That is the official document used
Alex Watts : It should show found not guilty.
Alex Watts : If it does then all is well,
My relative's concern is not with where his information is held but what information is held about him. I believe a search of the PNC would not reveal any convictions
Alex Watts : As for retention of documents under the data protection act the police do have a right to retain these records
Alex Watts : Any data held must be accurate,
Alex Watts : If it is not he can apply to the force under the Act to rectify data,
So how is it accurate where a court's decision is not recorded?
Alex Watts : If they refuse he can go to the information commissioner who could order the incorrect data to be rectified.
Alex Watts : it is not inaccurate,
Alex Watts : Because it is not saying he was convicted or otherwise.
Alex Watts : If the PNC shows he was not convicted this is the important document.
Alex Watts : But go to the Police and then the ICO
Alex Watts : www.ico.gov.uk
Alex Watts : But you need to go to the force first,
Would that be s10 or s14 of the DPA please?
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts : Hold on
Alex Watts : It's neither as you are just asking them to amend it at this stage.
Alex Watts : If the PNC is correct you won't have suffered any loss.
Alex Watts : Does that clarify?
In the event that that the Police do not wish to amend, should I submit a general complaint to the ICO?
Alex Watts : Yes
Alex Watts : And if they do not uphold it then you can go to court under section 14
Alex Watts : Can I claiify anything else for you?
No, that's great and thanks again for your professional assistance!