Protection of Freedoms Act 2012 - Deletion of PNC/PND Data
We call on the UK Government to amend the Protection of Freedoms Act 2012 to also include the deletion of all data held on the PNC/PND of innocent people.
Retaining records of innocent people that have been arrested but never charged or whom have been acquitted is likely to engage our rights to privacy which is protected by Article 8 of the European Convention of Human Rights, so the police should only retain it if they can justify this as necessary and proportionate to achieve one of the legitimate aims set out in Article8(2) such as the prevention of crime or the protection of the rights of others. The concern is that non conviction information is being stored indefinitely and being made available for disclosure in the same way as information about convictions. Treating persons who have been acquitted or never charged with any offence in the same way as convicted criminals undermines the presumption of innocence.
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Friday 28 February 2014
Tuesday 3 March 2015