Is it illegal for the Police to disclose information about me?

[petemcb]

Hi there I'm Pete,

 

I work as a DJ in a nightclub in another town from where I live. On Friday 6th November 2009 around 2.30am (on my way back from the club I was working at) I was stopped by the Police telling me that my car wasn't insured to which I told them it was and that I had the document at home to prove it.

 

They gave me a producer and read me my rights and I was on my way. Now my insurance was paid through my brothers bank account because I didn't have a bank account of my own at the time.

 

I tried contacting my brother to see if there was a problem but I couldn't get through to him, also I am not one for keeping documents in a place where I can easily find them, so the search was on for my insurance document, by the time I had found it it was too late to contact the insurance company because their office isn't open on a weekend.

 

I received a phone call from my brother on the Sunday and I asked him about the car insurance, he then told me something that I wasn't expecting, he had canceled the insurance back in August!

 

I asked him why he hadn't contacted me sooner and he told me that he had tried phoning me a number of times but I hadn't answered, but there were no missed calls on my mobile from my brother, personally I think he should of text me.

 

So immediately I went online and took out insurance for my car. Monday morning came and I took my producer to the local Police Station and told them what had happened, I was just completely honest with them and mentioned that I couldn't understand why the insurance company didn't contact me in writing to which the WPC agreed.

 

The WPC told me that it was down to the officer in charge to whether I would be charged or not.

 

The following week I was at the club and just popped over to the pizza shop for some food before starting my night DJing, the doorman just came out with "I;ve heard you've been a naughty boy" the doorman knew I'd been stopped the week before because I told him, he went onto say that the Police had been at the club on Friday night asking if I was DJing and the doorman told him I wasn't but he'd heard that one of their Police Officers had stopped me.

 

The Police Officer then told the doorman that they haven't had any documents handed in and that it looks like he will be spending a day in court.

 

Surely the Police aren't allowed to discuss my details to anyone (I wouldn't mind but if I am to appear in court, I haven't received any letter to state that) and surely they shouldn't be allowed to just turn up at my place of work as this could threaten my job.

 

Can someone please advise me of my rights?

 

Any help or advice would be much appreciated

 

Many thanks. Pete

[Jamberson]

I don't think your rights have been breached. Not aware of any laws or rights which apply in this case. However the police officer was possibly acting unprofessionally, and you could lodge a complaint about him/her. Having said that, you don't know for sure exactly how the conversation went and what was actually disclosed. Whoever the police spoke to is entitled to some explanation of why they are there.

[danielr]

I'd think that you're banged to rights for driving without insurance.

 

you don't have a leg to stand on.

 

but I'd consider seeing what can be done further about the police, they surely have to follow the data protection acts about the information that they have as well, and can't just give out such details, -especially to your employer.

 

I wonder if the data protection act covers this, (I know it covers written information, but since the officer would have written this down in their notebook does this count?).

 

especially interesting since the news has some stories about t-mobile breaking the data protection act and a few MPs are saying that people who break the act should face jail time and not just fines...

[winkermanda]

Hi pete - my views for what its worth - YOU are respnsible for making sure you are insured - and that its kept up to date - at any court hearing you COULD use the info about your brother in mitigation only - but the onus rests on you...as for the police arriving at your work and talking about you - NOT ALLOWED - any info they hold comes under the DPA - and as such they have breached that not to mention professionalism - My advice there is to make a formal complaint to the Duty Inspector at the local nick...

[green_and_mean]

Hi pete - my views for what its worth - YOU are respnsible for making sure you are insured - and that its kept up to date - at any court hearing you COULD use the info about your brother in mitigation only - but the onus rests on you...as for the police arriving at your work and talking about you - NOT ALLOWED - any info they hold comes under the DPA - and as such they have breached that not to mention professionalism - My advice there is to make a formal complaint to the Duty Inspector at the local nick...

 

I don't think asking if someone is at work and asking them to pass on a message they need to contact the station regarding their documents is a breach of data protection, what data has been passed on??

[winkermanda]

green and mean -

The Police Officer then told the doorman that they haven't had any documents handed in and that it looks like he will be spending a day in court.

THAT comment by the PC infers that Pete has an outstanding police matter and that he " will be spending a day in court" - which breaches disclosure rules....

The DPA is not about what DATA has been passed on but ANY info at all...

[green_and_mean]

green and mean -

 

The Police Officer then told the doorman that they haven't had any documents handed in and that it looks like he will be spending a day in court.

 

THAT comment by the PC infers that Pete has an outstanding police matter and that he " will be spending a day in court" - which breaches disclosure rules....

The DPA is not about what DATA has been passed on but ANY info at all...

 

Since he hasn't been charged there can be no data regarding 'spending a day in court' so no data has been disclosed. I think you need to go away and read up on the DPA. Data disclosed whilst undergoing a criminal investigation is also exempt, and no insurance is a criminal offence.

[winkermanda]

Since he hasn't been charged there can be no data regarding 'spending a day in court' so no data has been disclosed. I think you need to go away and read up on the DPA. Data disclosed whilst undergoing a criminal investigation is also exempt, and no insurance is a criminal offence.

 

 

mmmmmmm....sounds like you obviously know best ! only trying to help...

[green_and_mean]

mmmmmmm....sounds like you obviously know best ! only trying to help...

 

I appreciate that didn't mean to sound argumentative.

[chesham]

Two threads here - OP question and a second poster asking a general questions surrounding no comment interviews - OP has not re-posted any replies to this as of yet!!

[Rooster-UK]

Two threads here - OP question and a second poster asking a general questions surrounding no comment interviews - OP has not re-posted any replies to this as of yet!!

 

Second user's and reply posts moved to a seperate thread.