HL Deb 18 June 1996 vol 573 cc305-8

(". At the end of section 28 of the Data Protection Act 1984 there shall be inserted— (5) For the avoidance of doubt a local authority is acting for the purposes referred to in subsection (1) (a) and (b) when, in the exercise of any powers under Chapter III of Part V of the Housing Act 1996, they are investigating any matters which amount to or could amount to a criminal offence notwithstanding that the local authority may be considering civil rather than criminal proceedings as a result of those investigations.".")

The noble Baroness said: This amendment stands in my name and that of the noble Baroness, Lady Hollis. The proposed new clause deals with the matter of data protection. Its purpose is to ensure that the police and local authorities can exchange information held on computer when they carry out joint investigations or strategies to tackle crime in an area, recognising the value of a multi-agency approach to dealing with crime.

The problem, as I understand it, is that some police forces are advised that they may release information to a local authority; others are advised that they are not to do so. Some police forces argue that local authorities are involved in the prevention of crime, even when they are taking action for possession or seeking injunctions; but others have been advised that the position is not clear cut and they should not release information. The effect of the proposed amendment is to make clear that a local authority is acting to prevent or detect crime or to apprehend or prosecute offenders when it is investigating matters that might amount to criminal offences, even if in fact the decision subsequently is to take civil action rather than pursue criminal proceedings or to encourage the police to prosecute. I beg to move.

Baroness Hollis of Heigham

I would like to support this amendment whole-heartedly.

Lord Lucas

This new clause seeks to alter the Data Protection Act provisions on disclosure of police data. Under the Data Protection Act 1984, data users have to comply with eight data protection principles, including one that says: The information to be contained in personal data shall be obtained, and personal data shall be processed, fairly and lawfully". Processing is interpreted by the relevant enforcement body, the Data Protection Registrar, to cover disclosure of data. So, to summarise, data must be obtained, processed and disclosed fairly and lawfully.

It is accepted practice, endorsed by the Association of Chief Police Officers and the Registrar's Office, that provided they have properly registered the purpose the police may disclose to other public bodies data originally collected for or relevant to the prevention or investigation of crime. The acceptable purposes of such disclosures include not only direct action under the criminal law but also helping local authorities deal with difficult tenants; for example, using houses for drugs or immoral purposes in breach of tenancy agreements. If, however, local authorities feel that they have encountered problems in this area, it is open to them to contact the Association of Chief Police Officers' Data Protection Working Group to discuss any proposals they may have.

Therefore, we feel that the new clause is not necessary to provide the power for police disclosure which we believe local authorities want in this case. It already exists. Of course neither it nor the present Data Protection Act would force police to share data; that is and should remain a matter for their collective judgment.

If the noble Baroness, Lady Hamwee, has any particular examples where the systems that I have set out in my answer are not working well, perhaps she would let us know so that we might follow them up.

Baroness Hamwee

I thank the Minister for that response. I was not seeking by this amendment to require a police authority to share information if it did not wish to do so but merely to ensure that it had the assurance that it was entitled to do so. I will take advice as to whether what the Minister has said by way of putting the matter clearly on the record is adequate. I am not sure that it will be, given the powers of the registrar. I will take up his offer, if necessary, to come back to the matter. In the meantime, I beg leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 141 agreed to.

Lord Mackay of Ardbrecknish

I beg to move that the House do now resume.

Moved accordingly, and, on Question, Motion agreed to.

House resumed.