§ Mr. CohenTo ask the Secretary of State for the Home Department whether his Department will take positive steps to discuss with the Data Protection Registrar all his Department's legislation that impacts on the use, collection, processing or holding of personal data; and whether he will make a statement.
§ Mrs. RumboldI am reminding officials of the need to consult the registrar about proposed legislation which might affect or be affected by the Data Protection Act 1984.
§ Mr. Andrew F. BennettTo ask the Secretary of State for the Home Department why the Government reserved the right to comply, or not, with principles 2.2 and 2.4 (collection of data) of the recommendation NO R (87) 15 of the Committee of Ministers to member states regulating the use of personal data in the public sector; whether these principles are complied with in respect of the information held on the police national computer; whether these principles are complied with in respect of personal information held on computer by the special branch; and whether it is the Government's intention to rescind the reservation entered to these principles.
Mr. LloydThe Government reserved their position on principles 2.2 and 2.4 after consultation with the Association of Chief Police Officers. Principle 2.2 requires the police to inform individuals, where practicable, that data have been collected about them without their knowledge. It was felt that occasions would arise when although it would be practicable to disclose such information, it would be undesirable to do so; for example, where an individual might inform an associate that he had been under suspicion. The proviso that information need be disclosed only when the object of the police activities was no longer likely to he prejudiced was regarded as unrealistic and impractical in the context of police work.
Principle 2.4, which restricts police activities in collecting data on particular groups such as suspected paedophiles, could seriously inhibit the police in preventing and detecting crime. The Government therefore entered reservations on both these principles. That remains the position.
In collecting and storing data, the police national computer and computer systems in police forces comply with the ACPO code of practice for police computer systems. The code establishes procedures and safeguards to promote the maintenance of good practice and compliance with the Data Protection Act 1984. A copy of the code is in the Library.