Cases

Chief Constable of Humberside v Information Commissioner & Another

Held

(1) Data Controllers must identify the purpose for which the data is retained so that people know the purposes for which the data is being retained and so the Information Commission and data subjects can test the principles under the DPA by references to the purposes identified.

(2) Data retention on the PNC was to enable the police to assist the public in accordance with force policies. This included the supply of accurate records to the CPS, the courts and the CRB. That purpose was a broad one. To retain information of minor convictions in accordance with this purpose did not contravene DPP 3 and DPP 5.

(3) Despite the assurances given to S, it does not become 'unfair' to retain the convictions under the new policy simply because S was told of what the previous policy was at the time of conviction. To delete S's record would lead to the deletion of many others, which was likely to prejudice the prevention and detection of crime.

Also