Right to Erasure (1245A/22)
Request
Please provide me with a copy of the guidance the police rely on when determining whether to erase data pursuant to a request under the UK GDPR (the Right to Erasure).
This guidance should include how to determine whether there was an alibi and whether there was actually an offence committed.
Response
We would refer to the national APP MOPI guidelines here:
Retention, review and disposal | College of Policing
And also to the Data Protection Act/ UK GDPR legislation itself (please note, for operational information we refer to Part 3- Law Enforcement processing, not Part 2- General Data Processing):
Guide to Law Enforcement Processing | ICO
The right to erasure and the right to restriction | ICO
Records are held in line with the MOPI retention rules and time-based deletion is considered. For individual deletion/ rectification requests outside MOPI each request is assessed on a case-by-case basis.
One point to note about these assessments is that records are retained to ensure a complete record of what was reported at the time, and in most cases, information will need to remain on record whether or not the investigation resulted in No Further Action, a Not Guilty verdict, and so on. (After a GDPR/ DPA review WMP may add an update to clarify additional facts as necessary, while preserving the integrity of the original record.)
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