The Information Commissioner’s Office (ICO) told Humberside, Northumbria, Staffordshire and West Midlands Police forces they would have to destroy records stored on the Police National Computer because they breach data protection laws.
But the forces have launched an appeal, which means they will not have to erase the records until a verdict is reached by the Information Tribunal.
The ICO’s investigations were sparked by complaints from people whose spent convictions were appearing on Criminal Records Bureau checks when they applied for jobs.
One record, held by Humberside Police, relates to a fine issued for the theft of a 99p packet of meat in 1984. The offender was under 18 at the time.
A statement issued by the ICO said, “The ICO is concerned that the old conviction information is held contrary to the principles of the Data Protection Act because the information is no longer relevant and is excessive for policing purposes.
“Personal data processed for any purpose should be adequate, relevant and not excessive, and should not be kept for longer than is necessary for that purpose”.
Mick Gorrill, the assistant commissioner for the ICO, said some of the incidents still held on file date back almost 30 years.
“The offences were non-custodial and we believe there is no justification in terms of policing purposes for retaining the information. The retention of the previous conviction information is causing harm and distress to the individuals concerned.
Gorrill, himself a former detective superintendent, said the ICO was not satisfied the information would be of any use to police.
