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Sex offenders 'want evidence to use as prison trophies'
16 Feb 2010Police fear sex offenders could take advantage of information access laws to obtain evidence of their crimes to use as prison cell trophies.
Senior officials said rapists, sex offenders and paedophiles are increasingly using data legislation to try and make forces hand over sensitive documents.
They are fighting one case in which a jailed rapist wants to obtain an original copy of witness statements made by his victim.
Another police force has successfully fought off a request by a suspected child abuser for video footage of interviews with his alleged victim.
Applications for information have been made under subject access requests contained in the Data Protection Act.
Former Hampshire deputy chief constable Ian Readhead said he fears some applications have been made for "voyeuristic" reasons.
Mr Readhead, who heads an Association of Chief Police Officers (Acpo) unit tasked with advising forces on information handling, said important principles are at stake.
He said: "Subject access was never meant to facilitate the provision of this kind of information. Clearly our concern is that it is being used inappropriately.
"Of course we have to balance that with the reality that people should have a right to access data that affects them. But there has to be a balance."
Mr Readhead said sex attack victims could be discouraged from coming forward if some materials are open to their assailant.
He added: "We will seek to try and defend this principle because in our opinion it is inappropriate in these circumstances."
Individuals can request personal information about them held by large organisations using powers under the Data Protection Act 1998.
The law does include several exemptions aimed at protecting information held for crime prevention, to catch offenders or collect taxes.
But police officials believe increased awareness of data handling has led to some people trying to test the limits of relatively new legislation.
Mr Readhead's comments came after Thames Valley Police stopped a child abuse suspect from accessing police interview videos.
The Information Commissioner's Office originally told the force to hand over the material after receiving a complaint.
But officials changed their minds after several weeks of wrangling behind-the-scenes, including a threat to take the case to the High Court.
A Thames Valley Police spokesman said: "Thames Valley Police considers it a fundamental principle of maintaining the support and trust of vulnerable victims and witnesses for them to be able to come forward and report crimes in a confidential way and this position was brought to the attention of the Information Commissioner's Office through the agreed appeals procedures.
"Securing the best evidence available is integral to the prosecution of perpetrators who may target the vulnerable and to the special measures later available to them at court.
"We have learned that, in light of the strength of our submission, the Information Commissioner's Office has re-considered their original decision and has retracted their advice to disclose the material."
The Information Commissioner's Office said additional information supplied by police led to the reversed decision.
A spokesman said: "This was considered, alongside the complainant's information and evidence, and as a result the initial advice provided to Thames Valley Police was revised."
Reader views (1)
It is essential to keep victim information safe, however, we all know that there are the wrongly convicted serving time and these documents are vital in the appeals process. If the government starts to limit who can access, it eliminates someones ability to regain the freedom that is rightly afforded them.
- Mary, Edmonton London, 16/02/2010 12:27
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