Record Deletion, Rectification, Restriction and Processing
Keywords
Record Deletion, Record rectification, Record restriction, Processing restriction, Incorrect record, PNC incorrect, biometric deletion, ACRO, A91, A91 Guidance.
Publication Number
PUB 1018
Publication Statement
Please note that this information is correct as at 19 May 2023 and may be subject to change.
Essex Police aim to review and update this publication annually.
As with all publications of information by Essex Police, please note caveats may apply regarding the accuracy of data.
Title
Record Deletion Rectification, Restriction and Processing
Date Range
19 May 2023 to date
Background Information
This guidance sets out the guidance and process for applicants to apply their information to be deleted, rectified or restricted.
Exclusion - this process only relates to records held by Essex Police only. Nationally held information such as Police National Computer (PNC) or biometrics deletion can be requested via another route – see below
If the applicant does not know what is held about them and how they should submit a Rights of Access request. Please click on the Rights of Access request within the related document/links.
Related Documents/Links
ACRO - Deletion of records from national police systems
Request information about yourself or someone else
Form A91 - Request for record deletion, rectification, restriction and processing
Form A91 Guidance - Request for record deletion, rectification, restriction and processing
FOI Publication
Essex Police has a guidance document and process for requests for information relating to record deletion, rectification, restrictions and processing. Please see A91 Guidance document.
Applicants can request for their information to be deleted, rectified or restricted.
Applicants need to submit the A91 form to request the information that they want deleted, rectified or restricted.
If the applicant does not know what information is held, they can submit an Rights of Access request and then after receipt of information a formal request can be submitted using the A91 form.
A91 process Requests are only for records held by Essex Police (crime reports, custody records, investigation files, custody photographs and locally held records) any applications for nationally held information such as details held on the Police National Computer (PNC) or biometrics should be submitted via ACRO.
To find out if you have grounds for an application to have biometric information removed from police records, the removal of arrest records or out of court disposals go to the ACRO criminal records office website, ACRO - The record deletion process where they have a detailed breakdown of the circumstances under which they would consider a request. Enquiries that fall within the type must go to the National Police Chief Council (NPCC), who will provide a progress report.
Please note: If you are convicted of an offence (including if your case is dealt with out of court, ending with a caution, warning or reprimand) the Protection of Freedoms Act 2012 amends to the Police and Criminal Evidence Act 1984 (PACE) allow police in England and Wales to keep your biometric information indefinitely.
The legislation also explains under which circumstances biometric information can and will be deleted from national police systems Police National Computer (PNC), National Fingerprint Database (IDENT1) and the National DNA Database (NDNAD).
Police information may automatically be deleted under MOPI (Management of Police Information) depending upon the type of information held. An A91 application is a request for early deletion of information before the data is captured by MOPI weeding rules.
Summary of Rights
Right to Deletion
You have the right to request the deletion or removal of your personal data where there is no compelling reason for its continued retention.
We will erase or put your personal data “beyond use” if:
• The processing of your personal data will infringe the data protection principles;
• We do not meet safeguards for archiving and processing of sensitive personal data; or
• We have a legal obligation to erase the data.
Requests for rectification can be accepted verbally or in writing, and we will respond to you within one month, or inform you within one month if this will take longer. The one month will start from the date that we receive your application, any necessary confirmation of identity, and sufficient information to allow us to process your request. If we believe your request to be manifestly unfounded or excessive then we may request a reasonable fee or refuse to deal with your request.
As a “competent authority” we must restrict your right to erasure in the following two circumstances:
• When your personal data is being used for evidential purposes
• If you contest the accuracy of the personal data we hold but we are unable to be certain about its accuracy
We may also limit the information we provide to you in order to:
• Avoid obstructing an official or legal inquiry, investigation or procedure;
• Avoid prejudicing the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties;
• Protect public security;
• Protect national security; or
• Protect the rights and freedoms of others
If we decide not to take action in response to your request for erasure, we will explain why and inform you of your right to complain to the Information Commissioner. We will do this within one month of receiving your request.
Right to Request Rectification
You are entitled to have personal data rectified if it is inaccurate or incomplete.
We will rectify inaccurate personal data when it becomes apparent to us, or if you request it. If your personal data is identified as inaccurate or incomplete, we will seek to amend this by rectifying or completing the data. If we are unable to correct it, we may provide a supplementary statement to rectify your personal data, if we deem it appropriate. As a “competent authority” we are allowed to keep accurate records of allegations made, even if the allegations are unfounded.
Requests for rectification can be accepted verbally or in writing, and we will respond to you within one month, or inform you within one month if this will take longer. The one month will start from the date that we receive your application, any necessary confirmation of identity, and sufficient information to allow us to process your request. If we believe your request to be manifestly unfounded or excessive then we may request a reasonable fee or refuse to deal with your request.
As a “competent authority” we can limit your right to rectification to:
• Avoid obstructing an official or legal inquiry, investigation or procedure;
• Avoid prejudicing the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties;
• Protect public security;
• Protect national security; or
• Protect the rights and freedoms of others.
If we do place a restriction, then we will advise you unless we believe by doing so would undermine the purpose for the restriction.
If we decide not to take action in response to your request for rectification, we will explain why and inform you of your right to complain to the Information Commissioner. We will do this within one month of receiving your request.
If we have disclosed personal data deemed as inaccurate or incomplete to others, then we will contact the recipient(s) and inform them of the rectification, unless to do so proves impossible or involves disproportionate effort.
Please refer to the Fair Processing notice, Privacy Notice and Retention policy to understand additional rights available to you.
No charges are applicable with this application.
No charges apply in respect of postal charges
Please see the following schedule of fees for further details
Information Rights Schedule of Fees