The Campaign for

Freedom of Information
Suite 102, 16 Baldwins Gardens, London EC1N 7RJ
Tel: 020 7831 7477
Fax: 020 7831 7461
Email: admin@cfoi.demon.co.uk
Web: www.cfoi.org.uk

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 person’s 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.
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
 -2-

Access to such data may be sought to check that no inaccurate reference to a criminal
record is held against the individual’s 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 this
could 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 the

individual’s 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

 NATIONAL IDENTIFICATION SERVICE
New Scotland Yard, Broadway, London SW1H OBG
Switchboard: 0171 230 1212 Fax: 0171 2300715
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