Disclosure of information held by the police for employment vetting processes

Court of Appeal Adjudication

On the 19th October 2009, a judgement by the Court of Appeal supported the retention of criminal convictions on the Police National Computer (PNC) for policing purposes.

Lord Justice Waller, sitting with Lord Justices Carnwath and Hughes took that view that:

"If the police say rationally and reasonably that convictions, however old or minor, have a value in the work that they do, that should, in effect, be the end of the matter."

The adjudication reaffirmed the position that in accordance with the Retention Guidelines for Nominal Records held on the Police National Computer all convictions will be retained on the PNC until an individual's 100th birth date. It also recognised that the police are obliged, under Part V of the Police Act 1997, to provide the Disclosure Services namely the Criminal Records Bureau (CRB), Disclosure Scotland and Access Northern Ireland, with access to all convictions held on the PNC for employment vetting purposes.

The adjudication supersedes the previous Information Tribunal rulings of 2005 and 2008.

Effect of the adjudication on the manual 'Stepping Down' of records

The adjudication clearly requires the police to comply with their obligations under Part V of the Police Act and to make full disclosure to the CRB [and others] of all conviction data held on the PNC including any records that would otherwise have been manually 'Stepped down' under processes put in place by the police to restrict access to such records.

Commensurate with this requirement, on 22nd October 2009, Ian Readhead, the ACPO Director of Information, advised all Home Office Police Forces that the manual 'Stepping down' of records held on the PNC had been suspended.

Current Position

The Information Commissioner submitted an application to the Supreme Court for immediate leave to appeal the judgement handed down by the Court of Appeal. That application was dismissed on 25th February 2010.

In the immediate near future, the Government's Independent Advisor on Criminality Information Management will submit her report to the Home Secretary.

A general election later this year may lead to a change of Government policy in relation to record retention and disclosure.

Whilst recognising that the official position regarding the retention and disclosure of information held by the police may change in the future, at this stage, ACPO take the view that any significant change to the current Retention Guidelines would be premature.

Accordingly, the Retention Guidelines remain extant and the requirement for all records held on the PNC to be retained until an individual's 100th birth date is supported. All such records will be disclosed to the Disclosure Services as required for employment vetting purposes in accordance with current legislation.