Police National Computer (PNC) Policy

1. Statement of Policy

The purpose of this document is to provide police personnel with guidance in the use of the Police National Computer along with the responsibilities of key personnel, safeguarding the confidentiality, integrity and availability of all information received held, exchanged or shared by the Dyfed-Powys Police.

Applies (but not limited) to: All categories of Dyfed-Powys Police officers and staff, whether full-time, part-time, permanent, fixed term, temporary (including agency staff, associates and contractors), seconded staff and volunteers. Police Officers, staff and volunteers accessing and using Force assets and property must have due regard to the contents of this policy.

 

2. Policy Scope

Dyfed-Powys Police consider that these actions are necessary in a democratic society in the interest of:

• National Security,
• Public Safety,
• the economic wellbeing of the country,
• the prevention of disorder or crime,
• the protection of public order,
• the protection of reputations or the rights of others,
• the protection of health and morals.

This policy applies to all police officers, police staff and volunteers within Dyfed-Powys Police.

 

3.  Powers and Policy/Legal Requirements

The primary aim of Dyfed-Powys Police and this policy is to:

• fulfil the duties and expectations in protecting life and property, preserve order, prevent the commission of offences – bringing offenders to justice and act in accordance with the common law and/or statute where applicable;                                                                   

• safeguard the confidentiality, integrity and availability of all information received, held, exchanged or shared by Dyfed-Powys Police.

The principle lawful authorities for the exercise of the powers and duties outlined in this policy are:

(a) Common Law

(b) Computer Misuse Act 1990

(c) The Data Protection Act 2018

(d) The Human Rights Act 1998

(e) The Copyright Designs and Patents Act 1988

(f)  Criminal Evidence Act 1998

(g) Criminal Justice Act (Various)

(h) The Police and Criminal Evidence Act 1984 and its Codes of Practice.

(i)  Criminal Procedures and Investigations Act 1996

(j)  Criminal Justice and Public Order Act 1994

(k) The Official Secrets Acts (Various)

 

4.  Options and Contingencies

Entries onto the PNC and use of the information held is strictly controlled in compliance with the requirements of the Data Protection Act 2018.

The accessing of the PNC Applications will be governed by the general principle that NO INFORMATION will be obtained by any officer or member of the police staff unless the information is specifically required for official purposes in relation to that person’s duties.

If a document (computer screen or manual file) is opened and contains personal data, this data has been accessed.  Unless access to information is authorised and justified, the person making the access may be liable to disciplinary action and to prosecution for misconduct in public office or an offence under the Computer Misuse Act 1990 or the Data Protection Act 2018.  This rule applies to all information and not just personal data.  Police systems should not be browsed unless an individual’s specific post requires it.  The information accessed must be for official police duties. 

Every individual using PNC or contributing to the process of creating and maintaining a report on the system is required to take appropriate responsibility for the quality and timeliness of that information.

The Code of Ethics principles apply to this policy –

• Courage
• Respect and Empathy
• Public Service

 

5.  Take action and review

To ensure that data is obtained, held, used and disclosed in accordance with the Data Protection Act 2018 and other relevant legislation, regular and planned auditing will take place.

As part of the process specific procedures and data will be examined with the objective of measuring the effectiveness of the supervision and monitoring procedures. Auditing findings and recommendations will be reported to the Strategic Criminal Justice, Custody and Investigations Board.

This policy will be reviewed every 2 years by the nominated person. The policy will be monitored to ensure that it is up to date and fir for purpose, any challenges made and any changes to national policy, legislation or guidance. Changes will be implemented by the nominated person, following consultation and approval by the Criminal Justice Group and the Strategic Criminal Justice, Custody, Intelligence and Investigations Board.

CODE OF ETHICS CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it.

HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it.

EQUALITY IMPACT ASSESSMENT

Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.

The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to:

• eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act;
• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
• foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies.

Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty. 

EQUALITY IMPACT ASSESSMENT COMPLETED: September 2024