What is the police national computer and what data does it hold?
What is the police national computer and what data does it hold?
The Police National Computer (PNC) provides police and law enforcement agencies with access to a centralised hub of data on individuals, property and vehicles, which has been gathered and used for law enforcement, policing and safeguarding purposes.
The police can use the PNC to quickly check an individual’s criminal record, vehicle registration or other information required. Other agencies can also use the Police National Computer to check criminal records. For example, the Disclosure and Barring Service (DBS) use it to conduct its DBS checks.
When you are arrested, the police take your personal data, such as your name, date of birth, and address, as well as potentially taking biometric data like fingerprints. This is then usually stored in the Police National Computer or Police National Database, which police, law enforcement agencies and other approved agencies can access. Then, if they need to find information on a specific individual, they can search the PNC to see if a record comes up.
Issues arise, however, when individuals who are arrested but later released without charge or conviction or receive an outcome of no further action, continue to have their data stored in the PNC. This may flag on the DBS check, for example, and show them as having a criminal record despite the fact that they’ve never been charged with a crime. As a result, this can have a negative impact and result in them potentially missing out on opportunities unfairly.
If this is the case, you can take action. You could request that your data be removed from the PNC and also claim compensation for any distress or damages caused. In this article, we’ll explain more about the Police National Computer, what data it holds, who can access this data and how you can claim compensation if your data is held on the PNC unlawfully.
What is the Police National Computer?
The Police National Computer (PNC) is a central database used by UK police forces and law enforcement agencies to store and access information about individuals’ criminal records, property, and vehicles. It is used to check criminal records, vehicle registrations and other information, as well as missing and wanted people, stolen and found property and intelligence information in real-time.
Who does the police national computer hold data about?
The Police National Computer database holds records about offending behaviour for people over the age of 10, as this is the age of criminal responsibility. It contains offenders’ personal information, such as their:
- Name
- Address
- Date of birth
- Gender
- Ethnicity
- Disability
- Details of any offence they have committed and their outcome, including spent and unspent convictions, cautions, warnings or reprimands
Records may be held in the police national computer until a person reaches 100 years of age. If you wish to see what details the police hold on you, you can submit a Subject Access Request to have this information shown to you. You have the right to access and receive a copy of your personal data that is stored by a third party.
To find out more about how to check your police records, read our blog: “How to check police records: am I entitled to compensation or inaccurate police records?”
Who has access to the Police National Computer?
All police forces and law enforcement agencies in England and Wales, as well as some in Scotland, Northern Ireland, the Isle of Man and the Channel Islands, have access to the Police National Computer.
Some other agencies can also access the PNC (with varying levels of access). These include the Disclosure and Barring Service (DBS), HM Prison Service, The Home Office, Royal Mail, Houses of Parliament and HM Revenue and Customs, to name a few.
How is the police national computer used for DBS checks?
The Police National Computer is used when conducting a Disclosure and Barring Service (DBS) check, whether it is basic, standard or enhanced level. The DBS searched the PNC based on the information provided on the DBS application form. Different levels of DBS checks show different information:
- A basic DBS check will show unspent convictions and/or conditional cautions.
- A standard DBS check will disclose both spent and unspent convictions/cautions.
- An enhanced DBS check will disclose both spent and unspent convictions/cautions, as well as local police information, the children barred list and the adult barred list.
Can you have records deleted from the Police National Computer (PNC)?
It is possible to have items deleted from the Police National Computer if an individual can provide evidence of good grounds for deletion. For example, if you have been arrested and subsequently released without charge or conviction or received an outcome of no further action, providing you do not have any other convictions or pending prosecutions, there should be no reason for the PNC to retain your data. If they do, this could be classed as unlawful retention of data, and you could be entitled to compensation.
It can be difficult to get your personal data removed from the Police National Computer, which is why it’s good to seek the help of a solicitor who is experienced in this area and can fight your case on your behalf. HNK Solicitors can help you to get your data removed from the PNC if it is stored there unlawfully, and we can also help you to claim compensation for the unlawful retention of your data.
What is unlawful retention of data?
An investigative report exposing human rights breaches found that police forces across England and Wales are unlawfully storing the sensitive data of potentially millions of individuals who have never actually been charged with a crime. This demonstrates a lack of regard for individuals who have not committed a crime and constitutes a breach of data protection and human rights.
As the Police National Computer is used and accessed by a range of organisations to run checks on individuals, if an individual’s data is retained unlawfully, it could have a detrimental impact on their lives, potentially affecting job, university, and visa applications, housing, travel and even child custody arrangements.
There is a ‘Code’ or ‘Codes of Practice’ in place for the Police National Computer, which aims to provide public confidence in the legitimacy and integrity of the information available through the PNC and the lawful purposes for which this is applied. The Code is in place to ensure that people’s data is safeguarded and processed correctly, which includes the way it is used, managed and disposed of.
In regard to the Code of Practice for the Police National Computer, the Gov.UK website states that, “Information created and retained by law enforcement must be proportionate, lawful, accountable, ethical and necessary.”
If you have been arrested and not charged or convicted of a crime or received an outcome of no further action and you’ve no prior or unspent convictions, then the retention of your data on the PNC is not proportionate, lawful, ethical or necessary. Therefore, they would be breaking their codes of practice, as well as breaching your rights under the Data Protection Act 2018 and the Human Rights Act.
HNK Solicitors can help with your unlawful retention of data claim
If your data is being unlawfully retained by police or law enforcement on the Police National Computer, we can help. Our team of experienced data protection and action against police solicitors can not only fight to get your data removed from the PNC but can also get you the compensation you deserve for any distress suffered.
We’ve helped several clients who have been affected by unlawful retention of their data, including one recent case where we obtained £13,000 for a client whose data was unlawfully retained by the Metropolitan Police.
If you believe the police have unlawfully retained your data, get in touch with us today to arrange a free consultation. One of our experienced solicitors will review your case and assess whether you are entitled to compensation. If we do believe you are entitled to compensation, we can even take your case on a no-win, no-fee basis.
To get your claim started, call us on 0151 668 0813, email us enquiries@hnksolicitors.com, or fill in our online claim form.
