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Microfiche Library (Acro.Police.Uk) DELETION OF RECORDS FROM NATIONAL POLICE SYSTEMS (PNC/NDNAD/IDENT1) The process covering deletion requests for records held on national police systems in England and Wales. This guidance outlines the national process for record deletion in respect of records held on the PNC, the National DNA Database (NDNAD) and the National Fingerprints Database (IDENT1) Version 2.1 Foreword The National Police Chiefs’ Council (NPCC) has agreed to this revised strategy being circulated to, and adopted by, Police Forces in England & Wales. It is NOT PROTECTIVELY MARKED under the Government Security Classifications and any referrals for advice and rationale in relation to Freedom of Information Act disclosure should be made to the National Police Freedom of Information and Data Protection Unit at [email protected] This revised strategy has been approved by the Information Management and Operational Requirements Coordination Committee (IMORCC). Guidelines/Strategy produced by the NPCC should be used by chief officers to shape police responses to ensure that the general public experience consistent levels of service. The operational implementation of all guidance and strategy will require operational choices to be made at local level in order to achieve the appropriate police response and this document should be used in conjunction with Authorised Professional Practice (APP) produced by the College of Policing. It will be updated and re-published as necessary. Any queries relating to this document should be directed to the ACRO Criminal Records Office at [email protected]. 2018 Version 2.1 Disclaimer and Copyright details This document provides information to assist policing in England and Wales. It is not protectively marked under the Government Security Classifications. This document should be read in conjunction with the provisions contained in Chapter 1, Part 1 of the Protection of Freedoms Act 2012. The Police Service and the organisations they work with should not base strategic and operational decisions solely on the basis of the information supplied. © - National Police Chiefs’ Council All rights reserved. No part of this publication may be reproduced, modified, amended, stored in any retrieval system or transmitted, in any form or by any means, without prior written permission of the National Police Chiefs’ Council or its representative. The above restrictions do not apply to police forces or authorities, which are authorised to use this material for official, non-profit-making purposes only. National Police Chiefs’ Council – Deletion of Records from National Police Systems (PNC/NDNAD/IDENT1) Version 2.1 Product Control Page Author: Jess Mullins Records Management Supervisor Address: ACRO Criminal Records Office [email protected] Contributors: Karen Progl (ACRO Criminal Records Office) Robert Butlin (Home Office) Stacey Dibbs (Metropolitan Police Service) Carl Jennings (Home Office) Various Police Forces Distribution List: All Police Forces (England & Wales) Home Office (PNC Customer Support) British Transport Police (BTP) Home Office (Reconciliations Unit) Ministry of Defence Police (MDP) Forensic Information Databases Service Service Police (Navy, Army & RAF) Disclosure and Barring Service (DBS) HM Revenue & Customs (HMRC) Disclosure Scotland Home Office (Identity Policy Unit) Access Northern Ireland Home Office (Police Live Services) Information Commissioner’s Office Issue Control: Version Date Details of Changes made to this report 1.0 19th March 2015 Final version agreed. 1.1 19th May 2015 Various changes made to format and content. 1.2 12th May 2016 Various changes made to format and content. 1.3 10th January 2017 Various changes made to format and content. 1.4 27th July 2017 Various changes made to format and content. 1.5 3rd November 2017 New template adopted. New Appendix B and Appendix G incorporated. Updated Appeals process added. National Police Chiefs’ Council – Deletion of Records from National Police Systems (PNC/NDNAD/IDENT1) Version 2.1 Issue Control: Version Date Details of Changes made to this report 1.6 3rd January 2018 Various changes made to format and content following feedback from HO colleagues. 1.7 22nd June 2018 Various changes made to content following DPA 2018. 2.0 18th October 2018 Final version agreed. 2.1 30th May 2019 Amendment made re: turnaround time National Police Chiefs’ Council – Deletion of Records from National Police Systems (PNC/NDNAD/IDENT1) Version 2.1 INTENTIONALLY BLANK National Police Chiefs’ Council – Deletion of Records from National Police Systems (PNC/NDNAD/IDENT1) Version 2.1 Contents 1 INTRODUCTION ........................................................................................................ 1 1.1 PURPOSE ................................................................................................................................1 1.2 STATUS ..................................................................................................................................1 1.3 SCOPE ....................................................................................................................................1 1.4 RECORD TYPES AND CATEGORIES ............................................................................................ 2 1.5 PRINCIPLES .............................................................................................................................3 2 RECORD DELETION PROCESS .............................................................................. 4 2.1 OVERVIEW ..............................................................................................................................4 2.2 DELETION OF BIOMETRIC INFORMATION AND ASSOCIATED PNC RECORD .................................... 4 2.3 OUT OF COURT DISPOSALS......................................................................................................5 2.4 DELETION OF PNC RECORD ONLY ............................................................................................ 5 3 UNLAWFUL ARREST/SAMPLING OR MISTAKEN IDENTITY ................................ 6 3.1 REQUIREMENT TO DELETE BIOMETRIC INFORMATION ................................................................. 6 3.2 DESTRUCTION OF SAMPLES......................................................................................................6 3.3 DESTRUCTION OF DNA PROFILES AND FINGERPRINTS ............................................................... 6 4 ACRO CRIMINAL RECORDS OFFICE ..................................................................... 7 4.1 THE ROLE OF ACRO ...............................................................................................................7 4.2 THE ACRO INFORMATION MANAGEMENT UNIT .......................................................................... 8 5 PROCESS .................................................................................................................. 9 5.1 ELIGIBILITY .............................................................................................................................9 5.2 MAKING AN APPLICATION ....................................................................................................... 11 5.3 GROUNDS AND SUPPORTING EVIDENCE .................................................................................. 13 6 AFFECTING FACTORS ........................................................................................... 16 6.1 NO FURTHER ACTION DISPOSALS ............................................................................................ 16 6.2 NON-CONVICTION OUTCOMES AT COURT ................................................................................. 17 6.3 EVENT HISTORIES AND FURTHER CONNECTED CRIMINALITY ...................................................... 17 6.4 REQUIREMENT FOR POSITIVE EVIDENCE .................................................................................. 17 6.5 RETENTION OF BIOMETRIC INFORMATION DUE TO PREVIOUS CONVICTION .................................. 18 7 ROLE OF THE CONTROLLER ................................................................................ 18 7.1 THE CONTROLLER ................................................................................................................. 18 7.2 FORCE DELETIONS ................................................................................................................ 20 8 APPEALS................................................................................................................. 21 8.1 OVERVIEW ............................................................................................................................21 8.2 RE-APPLYING FOR RECORD DELETION .................................................................................... 22 9 COMPLAINTS PROCEDURE .................................................................................. 22 9.1 DATA PROTECTION OFFICER (DPO) ....................................................................................... 22 9.2 PROFESSIONAL STANDARDS DEPARTMENT (PSD) .................................................................. 22 9.3 INFORMATION COMMISSIONER’S OFFICE (ICO) ....................................................................... 23 9.4 JUDICIAL REVIEW .................................................................................................................. 23 9.5 INDEPENDENT OFFICE FOR POLICE CONDUCT (IOPC) ............................................................. 23 National
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