HC Deb 22 December 1997 vol 303 cc556-7W
Mr. Cohen

To ask the Secretary of State for the Home Department what is the statutory authority which permits the police to share personal data with local authorities and vice versa; and if he will make a statement. [22129]

Mr. Michael

There is no general statutory power to disclose personal data. Where the police consider that it is in the interests of the prevention or detection of crime that personal data should be disclosed, they may do so under common law powers. General guidance to the police service on the disclosure of such data is given in the Code of Practice for Data Protection produced by the Association of Chief Police Officers.

We intend to issue next year inter-departmental guidance, to local authorities among others, which will cover the disclosure of personal information.

Local authorities may wish to reach agreements with the police on the disclosure of personal data. Such agreements must operate within the terms of the Data Protection Act 1984.

Mr. Cohen

To ask the Secretary of State for the Home Department if he has signed a certificate under the provisions of section 27 of the Data Protection Act 1984 with respect to those personal data which are used by the Security Service to help the police fight serious crime. [22136]

Mr. Straw

No. I have had no occasion to do so.

Mr. Cohen

To ask the Secretary of State for the Home Department if the Security Service will adopt the relevant sections of the Code of Practice on Data Protection published by the Association of Chief Police Officers in respect of those personal data which are used by the service to help the police fight serious crime. [22137]

Mr. Straw

The arrangements under which the Security Service discharges its responsibilities in relation to protection of data are a matter for the Director General of the Security Service. I see no reason to require the Security Service to adopt in whole or in part a Code of Practice intended to deal with arrangements for data protection within police forces.

Mr. Cohen

To ask the Secretary of State for the Home Department if he will make a statement on Government policy towards access to criminal records with particular reference to(a) the availability of a criminal conviction certificate under section 112 of the Police Act 1997 and (b) enforced subject access. [22133]

Mr. Michael

We are currently reviewing the provisions relating to criminal records checks in Part V of the Police Act 1997. Our top priority in doing so is the protection of children and other vulnerable people. We shall consider criminal conviction certificates as part of this review.

The White Paper "Data Protection: The Government's Proposals" made it clear that the Government intend to put an end to the practice of enforced subject access.

Mr. Cohen

To ask the Secretary of State for the Home Department what investigation the Security Service has conducted into whether it holds personal data for purposes unconnected with a national security purpose. [22135]

Mr. Straw

The Director General of the Security Service is under a statutory duty to ensure that no information is obtained by the Service except so far as necessary for the proper discharge of its functions. The functions of the Service are to protect national security; to safeguard the economic well-being of the United Kingdom against threats posed by the actions or intentions of persons outside the British Islands and to act in support of the activities of police forces and other law enforcement agencies in the prevention and detection of serious crime. It follows that the Service may hold personal data which it has obtained in pursuit of any of these functions.

Mr. Cohen

To ask the Secretary of State for the Home Department when the review into whether the Security Service should register under the Data Protection Act 1984 began; and when it is expected to be concluded. [22134]

Mr. Straw

A review was begun in autumn 1996. It was subsumed in the consideration of plans for fresh data protection legislation to implement the European Community Data Protection Directive. The Government's Bill to implement that Directive will come before Parliament in the new year.