UK Data Retention
 
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UK Data Retention

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 Argh
(@argh)
Posts: 5
Active Member
Topic starter
 

Hi All,
Was wondering if anyone could point me in the right direction - I'm looking for advice as to Data Retention in the UK. More precisely, how long should evidence/potential evidence be retained (criminal or civil)?

I have done some digging and found the ACPO guidelines, however this does not appear to be definitive in nature.

Any assistance/pointers appreciated.

Thanks

 
Posted : 19/02/2008 6:10 pm
(@trewmte)
Posts: 1877
Noble Member
 

What do you need if for?

Just to be clear, when I mean is the type of data you are referring to? Saying everything in relation to data wont help.

 
Posted : 19/02/2008 6:25 pm
azrael
(@azrael)
Posts: 656
Honorable Member
 

Any assistance/pointers appreciated.

You might find the following useful in some respects …

Section 11 of Anti-terrorism, Crime and Security Act 2001
http//www.opsi.gov.uk/acts/acts2001/ukpga_20010024_en_11#pt11

Code of Practice relating to the above …
http//www.opsi.gov.uk/si/si2003/draft/5b.pdf

 
Posted : 19/02/2008 7:06 pm
 Argh
(@argh)
Posts: 5
Active Member
Topic starter
 

What do you need if for?

The data in question would be related to internal disciplinary action, with the potential for legal proceedings.

I'm aware there may not be guidelines on this, and it may be more a case of what the organisation deems appropriate.

On the flip side though, are there any definitive rules governing the retention of data after legal proceedings have taken place?

 
Posted : 19/02/2008 7:14 pm
(@trewmte)
Posts: 1877
Noble Member
 

Hello Argh
Have you been to the Data Commissioner website?

http//www.ico.gov.uk/

Search data retention list 25 documents
http//www.ico.gov.uk/global/search_results.aspx?search=data+retention

Technology & Privacy
http//www.ico.gov.uk/upload/documents/library/corporate/research_and_reports/technology_and_privacy.pdf

 
Posted : 19/02/2008 8:10 pm
(@jon63)
Posts: 5
Active Member
 

Well evidence and potential evidence is the same thing during an investigation.

There are no hard and set rules, if it is a serious offence then the evidence may never be destroyed once in custody of the police. That is why there are people being convicted for murders committed 30+ years ago.

It is up to the investigating body how long they keep it, although all investigations must be done expeditiously by Police under PACE.

In a nutshell, no concrete dates

Following conviction evidence can be destroyed either with court order or retained pending appeal. I beleive this is where the 7 years answer may be, however I believe this may be 5 yrs.

 
Posted : 22/01/2009 3:42 pm
(@dficsi)
Posts: 283
Reputable Member
 

As far as I am aware, evidential paperwork must be retained for a 7 year period after the date of conviction. I am not too sure if it is the same for evidential electronic data but I am assuming it will be the same )

Is it 7 years after conviction of 7 years after the time runs out for an appeal?

 
Posted : 22/01/2009 8:58 pm
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