Personal Data (1)
01 January 1991
Personal Data
artdoc May=1991
House of Commons written answer 15.10.90 Col 721
Mr. Cohen: To ask the Secretary of State for the Home
Department whether his Department will take positive steps to
discuss with the Data Protection Registrar all his Department's
legislation that impacts on the use, collection, processing or
holding of personal data; and whether he will make a statement.
Mrs. Rumbold: I am reminding officials of the need to
consult the registrar about proposed legislation which might
affect or be affected by the Data Protection Act 1984.
Mr. Andrew F. Bennett: To ask the Secretary of State for
the Home Department why the Government reserved the right to
comply, or not, with principles 2.2 and 2.4 (collection of
data) of the recommendation NO R (87) 15 of the Committee of
Ministers to member states regulating the use of personal data
in the public sector; whether these principles are complied
with in respect of the information held on the police national
computer; whether these principles are complied with in respect
of personal information held on computer by the special branch;
and whether it is the Government's intention to rescind the
reservation entered to these principles.
Mr. Lloyd: The Government reserved their position on
principles 2.2 and 2.4 after consultation with the Association
of Chief Police Officers. Principle 2.2 requires the police
to inform individuals, where practicable, that data have been
collected about them without their knowledge. It was felt that
occasions would arise when although it would be practicable to
disclose such information, it would be undesirable to do so;
for example, where an individual might inform an associate that
he had been under suspicion. The proviso that information need
be disclosed only when the object of the police activities was
no longer likely to be prejudiced was regarded as unrealistic
and impractical in the context of police work.
Principle 2.4, which restricts police activities in
collecting data on particular - groups such as suspected
paedophiles, could seriously inhibit the police in
preventing and detecting crime. The Government therefore
entered reservations on both these principles. That remains
the position.
In collecting and storing data, the police national computer
and computer systems in police forces comply with the ACPO code
of practice for police computer systems. The code establishes
procedures and safeguards to promote the maintenance of good
practice and compliance with the Data Protection Act 1984. A
copy of the code is in the Library.