Freedom of Information Request Reference Number: 000032/16

Freedom of Information Request Reference Number: 000032/16

FREEDOM OF INFORMATION REQUEST REFERENCE NUMBER: 000032/16

Thank you for your request for information regarding PNC Disclosures which has now been considered.

Applicant Question:

  1. Does your organisation give out an individual's Criminal Record or Disclosure in the form of a Police National Computer, PNC report to a third party without the individual's consent or knowledge?
  1. If it does not, what are the implications of divulging an individual's Criminal Record or Disclosure without the individual's Consent or knowledge?
  1. If it does under what statutory does it and to whom can it divulge the disclosure to?

Your Co-operation will be highly appreciated.

NPCC Response:

A public authority is entitled to treat a request for information as invalid where specific recorded information is not specified. Section 8(1) of the Act sets out the requirements of a valid request for information and says that a request must, amongst other things ‘describe the information’.

The Freedom of Information Act is not designed to answer general questions. As you will be aware, the legislation places two key obligations on an authority that is covered by the Act when they are considering a request for information. These obligations are set out in section 1(1) and stipulate that when the authority receives a valid request (which is defined elsewhere in the Act) that authority must confirm what information is or is not held (S1(1)(a)) and, if that information is held, it must be provided to the applicant unless it is considered to be exempt information (S1(1)(b)).

It is therefore reasonable to assert that if we are unable to meet this obligation under S1(1) of the Act – i.e. in answering a question we are not able to confirm or deny what information is held by the NPCC because none has been requested – we cannot handle that request under FOIA. Such questions would be best handled outside of the FOI legislation.

In wising to provide assistance however, I can provide you with the following information outside of the Act which I have been able to establish for discussing your request with colleagues. Please note, this information was not recorded at the time of your request:

ACRO’s PNC Services Team provide PNC disclosures to non police agencies (government agencies, non police prosecuting agencies and regulatory bodies such as the RSPCA, Information Commissioner’s Office and the Disclosure and Barring Service by way of example) in respect of requests for a PNC check or Arrest Summons Number (ASN) creation submitted by that agency. These requests are submitted on a standard form and the information is requested usually in relation to criminal proceedings being carried out by that agency or in relation to disciplinary / fitness to practice hearings.

There are information sharing agreements (ISA) in place which detail the processes, the powers under which information is shared, the purpose for why the information is provided to that agency, the costs associated with the service and other administrative details.

ACRO would not be aware of whether the agencies inform the individual to whom the subject matter relates as this is a business process specific to the non police agency.

The legal basis for ACRO to share information is derived from:

  • Common Law Powers of Disclosure
  • The Crime and Disorder Act 1998 (Section 115)
  • The Rehabilitation of Offenders Act 1974
  • The Human Rights Act 1998 (Article 8)
  • The Data Protection Act 1998 (S.29(3) and 35(2))

For your information, I also provide a direct web-link to a statement made by ACPO in relation to RSPCA access to the Police National Computer (PNC) records.

Yours sincerely

Sherry Traquair

Freedom of Information Officer & Decision Maker

COMPLAINT RIGHTS

Internal Review

If you are dissatisfied with the response you have been provided with, in compliance with the Freedom ofInformation legislation, you can lodge a complaint with NPCC to have the decision reviewed within 20 working days ofthe date of this response. The handling of your request will be looked at by someone independent of theoriginal decision, and a fresh response provided.

It would be helpful, if requesting a review, for you to articulate in detail the reasons you are not satisfied withthis reply.

If you would like to request a review, please write or send an email to NPCC Freedom of Information, c/o POBox 481, Fareham, Hampshire, PO14 9FS.

If, after lodging a complaint with NPCC, you are still unhappy with the outcome, you may make an applicationto the Information Commissioner at the Information Commissioner’s Office, Wycliffe House, Water Lane,Wilmslow, Cheshire, SK9 5AF.

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