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

Transcription

1 c/o PO BOX 481 Fareham Hampshire PO14 9FS Tel: FREEDOM OF INFORMATION REQUEST REFERENCE NUMBER: /15 Thank you for your request for information regarding NDNAD which has now been considered. Applicant Question: Following the passage of the Protection of Freedoms Act 2012 we understand that over a million DNA and fingerprint records have been deleted from the National DNA Database (NDNAD) and the National Fingerprint Database (IDENT1). Please confirm: 1. The process by which records were selected for deletion. Please note that we understand the criteria for deletion, but are concerned to understand the practical process by which the records meeting those criteria were identified. 2. The process by which the selected records were deleted, including which agency or agencies took responsibility for the deletion of the records from the NDNAD and IDENT1. 3. How an individual's NDNAD and IDENT1 records would have been deleted in circumstances where their corresponding Police National Computer (PNC) record had been deleted in its entirety (not stepped down) in 2004, but their NDNAD and IDENT1 records remained extant until the Protection of Freedoms Act 2012 came into force. 4. Which local or national police databases, other than the PNC, would hold an individual's Criminal Record Office (CRO) number? NPCC Response: The NPCC does hold information captured by your request. A Home Office Letter dated 23/10/2012 to all Force PNC Liaison Officers states: The purpose of the PNC Reconciliation Team is to assist all UK Police Forces with the Data Integrity of either conviction or personal information currently held on the Police National Computer and within the Microfiche Library data. We are able to assist forces with PNC queries as our team has advanced PNC updating rights which allows us to amend PNC / Microfiche records where a force may not be able to do so themselves. See the below list for some of the tasks we currently assist forces with: 1st Floor, 10 Victoria Street, London SW1H 0NN T F

2 The removal of a subject s criminal record form the PNC where information falls under the ACPO Exceptional/Non Recordable cases retention guidelines. Providing Forces with expert advice on the Back Record Conversions of a subject s criminal history from Microfiche onto the Police National Computer. The amendment of NASCH factors, where it has been noticed via forces PNC Quality Assurance process that this data is incorrect on the subject s PNC record. The making over of two or more PNC records, where a force has solid confirmation that these records relate to an identical subject. Assisting forces with the removal or amendment of a subject s disputed conviction history from either Police National Computer or Microfiche Records. Duplicate File request where we attempt to recreate a subject s missing Microfiche record onto the Police National Computer. Outstanding Result where we attempt to locate an update the PNC of any outstanding court results from a subject s Microfiche record. Assist forces with the inclusion of Offence Methods held within a subject s Microfiche Record onto the Police National Computer. A project update of the Protection of Freedoms Act dated April 2013 provides the following information: Deletion of DNA profiles and fingerprints: DNA profile and fingerprint record deletion in preparation for the implementation of the Protection of Freedoms Act is being delivered in stages. All un reconciled DNA profile records were deleted from the National DNA Database (NDNAD) in January. The deletion of un reconciled fingerprint records will follow shortly and forces will be notified once a date for this has been confirmed. The next two stages have now been confirmed. Stage 1A will delete all DNA profile records where the individual has a single arrest resulting in no further action (NFA) and commenced on 3 April. Stage 1B will delete all fingerprint records where the individual has a single arrest resulting in NFA and will commence on 1 May. Once the fingerprint record deletions have taken place forces will be contacted with further instructions for destroying the associated paper arrestee forms. The deletions from the databases will be automatically driven by PNC. Forces will be notified of further deletion stages once they are confirmed. Destruction of samples held by FSPs The forensic service providers (FSPs) are progressing well with the destruction of legacy DNA samples older than six months. At the time of this update, over one million samples have been destroyed by FSPs and between 2 and 2.5 million associated forms have also been destroyed. FSPs are on track to complete the destruction of legacy DNA samples by the end of May. Destruction of samples held by forces In January forces completed an audit of all DNA samples (PACE, CJ and volunteer) held in force that were older than six months. Any samples falling under this category must have been destroyed by 31 March.

3 SPOCs acting on behalf of Chief Constables (as their force s Data Owner) have been requested to the Freedoms Act mailbox to confirm that the DNA samples held in their force have been destroyed. Please note that when the Act is commenced, Chief Constables will be held to account for any illegally retained samples. A letter dated 29/05/2013 authored by Chief Constable Sims states the following: Dear Colleagues Protection of Freedoms Act 2012 Destruction of DNA samples held in forensic service provider laboratories and submitting samples going forward I am writing to you in my capacity as the ACPO Forensic Portfolio Lead to update you on DNA sample destruction as part of Protection of Freedoms Act 2012 (PoFA). Further to my letter of 18 th December 2012 notifying you that forensic service providers (FSPs) had been asked to commence the destruction of DNA samples that are six months or older, I can confirm that all legacy DNA samples held in FSP laboratories will be destroyed by 31 st May. The PoFA project board has agreed that from 1 st June, FSPs will comply with section 14 of the Act and will destroy DNA samples as soon as a DNA profile has been derived or within six months of the sample being taken. This will form part of the ongoing DNA sample destruction process as part of business as usual. The DNA samples in scope include PACE, volunteer and elimination samples. The do no include crime scene samples (which do not fall within scope of the Protection of Freedoms Act provisions). 1. I would therefore like to remind forces to submit DNA samples to FSPs within two months of the sample being taken. This will ensure that enough time is allowed for profiling and quality checks to take place before the FSP destroys the sample as soon as a DNA profile has been derived or within the six month retention deadline. A letter from the Home Office to all Force Liaison Officers dated 18 September 2013 states: Protection of Freedoms Act 2012 Update regarding stage 3 Deletions. As part of the data preparation work for the implementation of the Protection of Freedoms Act retention provisions, Stage 3A DNA profile deletions and Stage 3B fingerprint record deletions will both commence from Wednesday 18 th September Stage 3 record deletions will comprise all DNA profile and fingerprint record deletions for PNC records with multiple arrests that meet the PoFA criteria for deletion. Stage 3 will also incorporate the deletions of biometrics for PNC records that meet the sate 1 and 2 criteria following the previous rounds of deletions. Deletion from the National DNA Database (NDNAD) and the Unified Collection of Print Sets (IDENT1) will be driven by PNC automatically. Destruction of the associated paper arrestee fingerprint forms As with Stage 1B and Stage 2B fingerprint deletions, for Stage 3B the PNC will create a report of all the fingerprint entries deleted from IDENT1 each day for each force/agency, in order for associated paper arrestee forms to be located and destroyed. The report will be created in Comma Separated Value (CSV) format which can easily be imported in MS Excel. Stage 3B reports will also contain Date of Birth, which was not included in previous reports. Forces will receive this new report as an additional item in their standard DAF zipped file via their normal DAF distribution method (Sunday night to Thursday night) and additional zipped file on Friday and Saturday nights. This report will list all fingerprint records owned by their force that have been deleted overnight.

4 The CSV files will be sent to forces daily from Thursday 19 th September. Please note that forces may not necessarily receive a report every day during the deletion process, as there may be some nights where no deletions take place for a particular force. A Home Office guidance Protection of Freedoms Act Regulation of Biometric Data destruction, retention and use of fingerprints etc. Guidance to ensure forensic matches are lawful post commencement states: A useful indicator to see whether or not a PNC nominal record has been updated recently is the information displayed on the Nominal page. If retention is not permitted under PoFA provisions, then an automated message is sent to the biometric databases (NDNAD and IDENT1) to remove (delete) the DNA profile and fingerprint records from the systems. The PNC record will remain. The process (checklist) Decision Matrix AM page display Criteria Mach Result Indefinite Always Lawful WM entry Wanted Arrest Lawful WM entry Wanted Warrant Lawful Locate Trace for Offence Lawful Locate Summons Lawful Biometrics Commissioner s Lawful Locate / Info (UZ) see figures 2 and 3 Magistrates Locate Info (UM) Lawful Recall to Prison Lawful PNC Admin Check with PNC Bureau Makeover status Pending Impending prosecution on record Check status of case Table 1. A list of possible entries for the FP and DNA RETENTION DATE fields on the AM page of a PNC Nominal record. (The relevant changes to the AM page on PNC will come into effect no later than 15 th November 2013.) Has the person got a nominal record on PNC? Remember to check using demographic data such as the name and date of birth, as well as using any unique reference numbers such as their Criminal Record Office (CRO) number or their Arrest / Summons (AS) number if you cannot find any records, then the match should be considered unsafe and you will need to investigate further. If you have found a nominal record then ensure it holds an arrest / summons entry for the offence that the identified DNA profile / tenprints relate. This ensures that you have the correct nominal that relates to those biometrics if this cannot be found then you will need to be confident that you have the right nominal record, or that the record relates to the person whose DNA profile / fingerprints have been matched. If the FP RETENTION DATE or DNA RETENTION DATE fields as highlighted above, indicate the phrase INDEFINITE, then this should give you the confidence to process the match. This is because there is information within the person s arrest and disposal history to indicate legal retention under PofA. If nothing appears in these fields then go the next checklist point (See Table 1). Does the FP RETENTION DATE or DNA RETENTION DATE display PENDING? If yes, is there anything on the PNC record to indicate that there are any prosecutions that are still live, e.g. a future court date. If yes, then this should give you the confidence to process the match. If not, you will need to investigate further as to whether the case or cases are still proceeding (if so, then this indicates lawful retention), or if they have been

5 resulted / disposed. Based o your investigation you will need to decide whether or not the DNA profile / fingerprints are lawfully held. You should also notify your force PNC unit of the results of your enquiries, to make the necessary updates to the system that would allow PNC to make the recalculations. Does the FP RETENTION DATE or DNA RETENTION DATE display PNC ADMIN? If yes, then this indicates that the normal record is subject to a Makeover. Enquire with your PNC Bureau as to its status, and how that may affect biometric retention. Does the FP RETENTION DATE or DNA RETENTION DATE display WM ENTRY? If yes, check to see whether there is a valid entry that indicates that retention has been approved by the Biometrics Commissioner: This should give you the confidence to process the match or if the page indicates that an application has been made to the Biometrics Commissioner (see Figure 4 below), then you should find out the status of that application before proceeding. There are other WM markers that could potentially allow for the retention of biometrics. If the WM report bears no relation to the ongoing retention of biometrics then the match should be considered unsafe and you will need to investigate further. Although this process may appear resource intensive, it is expected the vast majority of forensic identifications / matches will be straight forward with a clear indication of lawful retention and that the checking of identified persons against PNC will become routine and quick. In wishing to assist you, outside of the Act, a colleague has furnished me with the following information: 1. Both the NDNAD and IDENT 1 interface with the Police National Computer (PNC). The deletion of the circa million records referred to was either driven by the disposal entries that existed on the PNC at the time the requirements of the Protection of Freedoms Act 2012 were put into effect on 31 st October 2013, they were deleted as part of a reconciliation exercise that was run during the Protection of Freedoms Act implementation Project in 2012/13 that ensured that all records held on the NDNAD or IDENT1 which didn t have a corresponding PNC record were deleted. 2. Electronic messages were sent from the PNC to the NDNAD or IDENT1 and if the deletion criterion was met, the electronic records held on the other two systems were deleted. Since the process went live on 31 st October 2013, electronic messages have been continuously sent from the PNC on a daily basis to the NDNAD and IDENT1 which has caused DNA and fingerprint records to be deleted in accordance with the legislative requirements. The deletion of the DNA and fingerprint records that didn t have a corresponding PNC record was managed through a different process of electronic messaging aligned to deletion programmes that were written specifically to achieve the desired outcome PNC, NDNAD and IDENT1 are criminal justice systems administered by the Home Office. Automated deletion processes aligned to the PNC and other deletion programmes caused the circa one million DNA and fingerprint records to be deleted: no other agency or agencies took responsibility for the deletion of the records from the NDNAD and IDENT1 albeit the data owners i.e. police forces, carried out quality control checks as necessary or appropriate in the initial stages of setting up the automated

6 processes. These checks are now longer undertaken as the process has been proven to work as intended. 3. NDNAD and IDENT1 records remained extant until the Protection of Freedoms Act 2012 came into force. Orphan stub records is term used to describe records that remained on the NDNAD and IDENT1 after the corresponding PNC records were deleted. As stated above, the historic Orphan stub records were identified and deleted as part of the reconciliation work that was undertaken by the administrators of the NDNAD and IDENT1 prior to 31 st October Interfaces and manual processes introduced to all three systems now ensure synergy in relation to the deletion of biometric information (DNA and fingerprints). 4. Information held for their policing purpose is stored by police forces on a variety of record management systems that are independently procured and locally maintained. Several forces have chosen to use the same system i.e. NSPIS Case and Custody or RMS Niche. The NPCC does not hold information relating to which system is used by what force nor does the NPCC hold specific information about the information that is entered onto those systems by relevant forces i.e. CRO numbers. However, it is logical to assume that as part of their normally recoding processes, forces would record CRO numbers particularly on systems used to locally store copies of fingerprints taken in the course of an inquiry. However, it should be noted that information held locally by forces should be managed in accordance with the Review, Retention and Disposal (RRD) policy contained in what is now referred to as Authorised Professional Practice (APP) Information Management, issued by the College of Policing. Once the specified time period has been reached, relevant records, including fingerprints, are either deleted (in some cases by automated processes) or they are reviewed and retained if retention in support of a policing purpose is justified base on the national risk assessment criteria (NRAC). It should also be noted that a successful application made under the now defunct Exceptional Case Procedure as defined the ACPO Retention Guidelines or the new Record Deletion Process defined in statutory guidance relative to the deletions of records on national police systems, will also have led to the deletion of records prior to the specified RRD period being reached. 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 of Information legislation, you can lodge a complaint with NPCC to have the decision reviewed within 20 working days of the date of this response. The handling of your request will be looked at by someone independent of the original decision, and a fresh response provided.

7 It would be helpful, if requesting a review, for you to articulate in detail the reasons you are not satisfied with this reply. If you would like to request a review, please write or send an to NPCC Freedom of Information, c/o PO Box 481, Fareham, Hampshire, PO14 9FS. If, after lodging a complaint with NPCC, you are still unhappy with the outcome, you may make an application to the Information Commissioner at the Information Commissioner s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.