3 ms·

Or they have been processed, not charged with any wrongdoing, but they have not applied to have their records deleted under the post-2006 "Exceptional Case" pro

by vaduz 6y ago

Or they have been processed, not charged with any wrongdoing, but they have not applied to have their records deleted under the post-2006 "Exceptional Case" procedure or post-2015 "Record Deletion" procedure. [0] Or maybe they just did not yet turn 100 years of age, when the expunge is supposed to happen automatically. [0] https://www.acro.police.uk/Services/Record-deletion https://www.acro.police.uk/Services/Record-deletion

Silhouette 6y ago
The idea that someone who has been wronged by the criminal justice system should then be required to understand the consequences and make a special application just to have the record set straight is invidious, to say the least. No normal organisation processing personal data gets to keep whatever they feel like, however unjustified, and only remove it under sufferance and on specific request. That wasn't even appropriate before the GDPR came into effect, and it's clearly prohibited by law now if there was any doubt before. So why should governments get special privileges in this respect? There could hardly be a more serious case of processing personal data than a database used by police and security services that have exceptional legal powers with the potential to destroy someone's life. The argument that it's necessary for any sort of legitimate policing or security purpose when we're talking specifically about individuals who were not charged or who were acquitted at trial is tenuous at best. Our governments and courts are on the wrong side of this issue. They're so blinded by some combination of fear, paranoia and the power of modern technologies that they seem to have forgotten the moral imperatives that everyone should be treated fairly and equally before the law and that we are supposed to be living in a free country.

3 ms·

Or they have been processed, not charged with any wrongdoing, but they have not applied to have their records deleted under the post-2006 "Exceptional Case" pro

by vaduz 6y ago

Silhouette 6y ago
The idea that someone who has been wronged by the criminal justice system should then be required to understand the consequences and make a special application just to have the record set straight is invidious, to say the least. No normal organisation processing personal data gets to keep whatever they feel like, however unjustified, and only remove it under sufferance and on specific request. That wasn't even appropriate before the GDPR came into effect, and it's clearly prohibited by law now if there was any doubt before. So why should governments get special privileges in this respect? There could hardly be a more serious case of processing personal data than a database used by police and security services that have exceptional legal powers with the potential to destroy someone's life. The argument that it's necessary for any sort of legitimate policing or security purpose when we're talking specifically about individuals who were not charged or who were acquitted at trial is tenuous at best. Our governments and courts are on the wrong side of this issue. They're so blinded by some combination of fear, paranoia and the power of modern technologies that they seem to have forgotten the moral imperatives that everyone should be treated fairly and equally before the law and that we are supposed to be living in a free country.