The Data Protection Act 1988 has now been replaced by the General Data Protection Regulation 2016 (GDPR) and the Data Protection Act 2018 which govern how a data controller can gather, process and use personal information. It says those who record and use personal information must be open about how the information is used. The Act also gives individuals certain rights.
What is the purpose of the act?
The Acts places certain obligations upon organisations which collect and use personal information – for example, they must observe a set of seven principles which form the framework for compliance.
The Home Office is the “data controller” in respect of personal information collected and processed by Operation Resolve and therefore any request for information held by the investigation will be dealt by the Home Office who will respond directly to the applicant.
The Home Office has notified the Information Commissioner of the purposes for which personal information is processed by Operation Resolve. The full register can be seen on the Information Commissioner’s website at the following link:
Why is personal information held by Operation Resolve?
Operation Resolve uses personal information for a variety of purposes including the detection of crime and identifying and prosecuting offenders. The investigation also uses personal information for associated administrative and support functions.
How is personal information collected and recorded?
Operation Resolve collects and records information in a variety of manual and electronic methods and formats. Methods of collection include telephone calls and emails to the investigation, interviews, statements, pocket notebook/disclosure book entries and other documentation. Formats in which information is recorded include paper based and electronic documents and records, systems and databases, images and photographs, video footage and audio recordings.
Is personal information disclosed to other bodies?
Yes. Information may be disclosed to competent agencies and individuals involved in an investigation or prosecution and to other law enforcement agencies. This investigation is linked to the IOPC investigation, the inquest and the Crown Prosecution Service and as such relevant material is shared between these organisations under strict information sharing agreements. These agreements take account of the Data Protection Act and individuals rights. In certain circumstances we will also disclose information to outside agencies such as victim support schemes. Any such disclosures will comply with the Data Protection Act.
How long will Operation Resolve retain personal information?
Operation Resolve keeps personal information as long as is necessary for the particular purpose or purposes for which it is held and in any case it will be retained in accordance with the Guidance on the Management of Police Information 2006.
You have the right to:-
- request access to any personal information that you believe the investigation may hold about you and to be told what it is used for.
- be told about the kind of disclosures we may make, and the sources from which we obtain information.
- have information corrected if it is wrong.
There are some exceptions to your right of access. For example, you will not be given access to information that would identify a third party unless they consent to their personal information being disclosed.
Making a request?
If you would like to make a request for access to your personal information please visit our Subject Access Page.
Applications are made in writing to the Home Office. Once the Home Office is satisfied as to your legal right to the information, you should receive a response from them within 1 month. This may be extended by up to 2 months in complex cases. This may take the form of a copy of any personal data the investigation is obliged to release under the terms of the Act. Alternatively, in certain cases, arrangements may be made for you to view the information.
Further information about GDPR or the Data Protection Act
Further Information can be obtained from:The Office of the Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
- Tel: 0303 123 1113 (local rate)
- Web-Site: https://ico.org.uk/