How to check police records: am I entitled to compensation for inaccurate police records?

Under the Data Protection Act 2018, you have the right to access any personal data held about you on the Police National Computer. You can request to see a copy of your police records through a ‘Subject Access Request.’ It is free to make a subject access request, and it can be requested through ACRO.

Discovering you had inaccurate police records or a police record when you didn’t think you had one can be a troubling experience. As police records checks can be requested by potential employers, if you believe you don’t have a police record and submit to this and later discover you do as the police are retaining data about you that they shouldn’t, this could be incredibly distressing and impact your life and job prospects negatively.

It may be unlawful for police to hold inaccurate police records about you, and there are steps you can take to rectify this and be compensated for the ordeal. If you are concerned you may have an inaccurate police record, read on to find out how you can check your police records, who can access your criminal record, what steps you can take to have your records updated or removed, and how you can claim compensation for unlawfully retained data by police.

What police records are held on the Police National Computer?

The Police National Computer holds a wide range of information about individuals and their dealings with the police. This information includes, but is not limited to, details of arrests, convictions, impending prosecutions, non-convictions (such as penalty notices), reprimands, cautions, final warnings, information about individuals disqualified from driving and information relating to the issue of firearms certificates.

A picture of a female police officer sat inside a dark police car typing on a laptop

What is a Subject Access Request?

A subject access request (SAR) is when you request access to receive a copy of the personal data held by police about you. You have the right to access and see a copy of any personal data held about you on the Police National Computer (PNC). ACRO processes individual subject access requests, and they will provide you with a record of information stored on the PNC or with a certificate to state there is currently no information held on the PNC.

Under the Data Protection Act 2018, you have the right to ask for a copy of any police records held about you on the PNC. This also means there is no charge for a Subject Access Request, and they must, under law, provide you with a copy of information that is found about you on the PNC. However, in certain circumstances, some personal data may not be provided to you, if, for example, it is believed this information would prejudice a criminal investigation.

How long does a Subject Access Request take?

There is a time limit of one calendar month for ACRO to complete the Subject Access Request and provide you with a copy of the police records about yourself. However, it may take longer to process if they are not provided with all the correct information and documentation when you apply. You will be provided with your Subject Access either via email or post, depending on which you select.

How do I make a Subject Access Request for my police records?

You need to request your police records from ACRO. To do so, go to their website and complete their online form. To complete the form, you need the following details:

– Proof of identity – a driver’s licence, passport or National ID card

– A valid email address

– Your address information

A picture of a police officer wearing a high visibility neon police jacket sat behind a desk looking at a computer

Who can request a copy of your police records?

Only you are entitled to make a Subject Access Request to see your police records. You can apply for Subject Access for yourself or on behalf of the following individuals:

Your own child who is under the age of 13 and for whom you have parental responsibility
Someone you have power of attorney for (you will need evidence you have power of attorney to apply)
Someone you are legally representing

An employer, or potential employer, cannot legally ask you to perform a Subject Access Request as a condition of your employment. However, they can ask for a criminal conviction check, an enhanced security check or a complete Disclosure and Barring Service (DBS) check.

What is a DBS check?

A DBS check is a criminal record check that is processed by the Disclosure and Barring Service. A DBS check can be requested by an employer with permission from the individual, and this can provide them with information about your police records. The information they receive differs based on the type of check.

– A basic check: this shows any unspent convictions and conditional cautions

– A standard check: this would show spent and unspent convictions as well as cautions

– An enhanced check: this shows spent and unspent convictions, cautions, and relevant detail from local police and states whether the applicant has been barred from the role they’re applying for

What to do if you feel the information is inaccurate

If you submit an application for your police records and you feel the information is inaccurate, this can be a cause for concern. You can contact the relevant police force and ask for the information to be updated. However, this raises deeper issues for many people.

For example, if you have been arrested and then later released without charge or conviction or received an outcome of no further action, but it is still showing on your police records, this could be very distressing for you. Provided you have no other convictions or impending prosecutions, this could be classed as unlawful retention of your data, and you could be entitled to compensation.

The issue with this happening is that having your data stored on the Police National Computer despite never being charged with a crime could negatively impact your life in many ways. For example, it could affect your application for jobs, universities, housing and even child custody arrangements if, when checked, it shows you have a criminal record, even though you should not. There is also the added emotional distress of discovering you have a criminal record when you have never been charged with committing a crime.

In August 2023, Liberty Investigates published a report exposing police forces for unlawfully storing the sensitive data of potentially millions of people who have never been charged with a crime. This goes against Data Protection laws, and those who have been affected could be entitled to compensation. In this instance, you could make a claim against the police for unlawful retention of data.

An older police detective wearing a white shirt sat behind a desk looking a computer with a map on it surrounded by files and documents with people's images and personal information on them

Can I sue the police for inaccurate police records?

The police, like any other organisation that stores individuals’ personal data, under law must ensure this is accurate and kept up to date. This includes not storing your data if you have never been charged or convicted of a crime.

The retention of your personal data may be considered a breach of the Data Protection Act, as retention is only permissible where it is proportionate and necessary. As such, where a police force cannot show that your personal data has been retained and processed in line with the Data Protection Act 2018, your data would have been retained for longer than is necessary for the purpose for which it was processed. Therefore, you could be entitled to sue the police for unlawful retention of your data.

The unlawful retention of your data by police is also a breach of the European Convention on Human Rights (ECHR). It is unlawful for police and other public authorities to act in a way which does not comply with the ECHR. Under the Human Rights Act, people have ‘the right to a private and family life’, and unlawfully retaining your personal data, which can be shared via their database, with no proportionate or lawful reason is a breach of this right.

If the police force cannot show any evidence that retaining your data was proportionate or necessary, then your personal data would have been retained longer than is necessary for the purpose it was maintained. In this case, you would have the right to claim compensation.

HNK Solicitors can help with your unlawful retention of data claim

If you feel the police records held about yourself are inaccurate, HNK Solicitors can help. We are specialists in data protection and action against police claims and can help you get the compensation you deserve for the unlawful retention of your data. Recently, we helped a client obtain £10,900 following the unlawful retention of their data by Bedfordshire Police when they were arrested and released with no further action.

If you have requested access to your police records, which has shown they are unlawfully retaining your data, or you believe they may be but are unsure how to check, get in touch with our expert solicitors today. We are highly experienced in this area of law and can successfully navigate the process for you, gathering evidence to prove your data is being unlawfully retained and providing tailored support.

Get in touch with our team today on 0151 668 0812 or email us at enquiries@hnksolicitors.com. Alternatively, you can get started with your claim today by filling in our online claim form. Once you have submitted your details, a member of our team will be in touch to arrange a free consultation to discuss the details of your claim.