Offenders: Data Protection
The question
To ask the Secretary of State for Justice, what assessment she has made with Cabinet colleagues of the effectiveness of the right to be forgotten in the Data Protection Act 2018, in the context of people acquitted of crimes.
Answered by Sir Nicholas Dakin
We have made no assessment of the effectiveness of the provisions in the Data Protection Act 2018 in respect of people acquitted of crimes. The ‘right to be forgotten’ is not an absolute right and whether there is a need for an organisation to retain data about a person’s acquittal is likely to be context specific.
Organisations in the UK that process personal data must comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). Oversight and enforcement of these data protection laws, including the ‘right to be forgotten’, is carried out independently of the government by the Information Commissioner’s Office (ICO). The ICO, as the UK’s independent data protection regulator, provides comprehensive guidance on its website.
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