1. Security protective marking

1.1. Not protectively marked.

2. Summary of changes

2.1. The following changes have been made to this policy on 20 January 2010.

• deletion of reference to Community Crime Reduction Partnerships in 5.1. and 7.2.1;
• renaming of paragraph 8 to data governance;
• additional paragraph 8.7.

2.2. This policy is due for review in June 2011.

3. Application

3.1. This policy applies to:

• Intelligence Units;
• Neighbourhood policing teams;
• Crime groups and others.

4. Purpose

4.1.  This policy details strict guidelines in respect of the supply of police photographs / images / intelligence to non police agencies working in partnership with Kent police. It must be recognised that in law the general presumption is against disclosure or issues of photographs/images/intelligence outside of Police control. There are, however, exceptions to this, which are detailed below.

5. Police photographs 

5.1.  For the purposes of this policy any reference to `police photograph' means:

5.1.1.  A photograph or a digital image of a person taken in accordance with Code D, Section 4 of the Police and Criminal Evidence Act 1984 Codes of Practice (Photographs of Detained Persons) whether supplied in hard copy or digital (CD/DVD, etc.) format. Particular attention is drawn to paragraph 3.3 of the Codes of Practice concerning the destruction provisions.

5.2.  Only police photographs taken in relation to an offence for which the person has been brought to justice or cautioned and is stored in on Genesis may be used.

5.3.  The provisions of this policy do not cover the use of police surveillance photographs, photographs or images taken by evidence gatherers at public order events, etc., or other photographs or images taken by third parties (e.g. CCTV).

5.4.  Any other photograph or digital image in police possession will not be disclosed to a third party under the authority of this policy.

6. Grounds for disclosure of police photographs and intelligence 

6.1.  Police photographs / intelligence may be disclosed, for the purpose of this policy:

• In accordance with the decision in Hellewell v Chief Constable of Derbyshire (1995) and R v Chief Constable of North Wales and Others (1998) (see Policy N96A for further guidance); or,
• Under the provisions of section 115 of the Crime and Disorder Act 1998 (Disclosure of Information);

And, in either case:

• In compliance with Kent police's Data Protection Registration.

6.2.  The following are overriding considerations in all cases:

6.2.1.  The police must only release photographs / intelligence to organisations who are registered members of a recognised Crime Reduction Scheme such as a Business Crime Reduction Partnership (BCRP), Shop Watch, Pub Watch, School Watch Schemes. Town centre and local authority CCTV operators may also be suitable to be registered members along with civic/neighbourhood wardens, Taxi/private hire drivers, bus companies, rail companies, parking wardens, car park operators, garage/service station operators, Neighbourhood Watch, Horse Watch, Card Watch, etc. Specific Area Schemes where the police are exchanging information with pawnbrokers and second-hand dealers to frustrate burglars and any other similar initiatives may also be regarded as suitable.

 

6.2.2.  There must be grounds to suspect the commission of further offences or a serious offence by the individual, whose police photograph / intelligence is to be released, within or associated with the locality where the police photographs/intelligence is to be circulated. Current documented relevant intelligence should be the basis for disclosure. Circulation of a person's police photograph / intelligence due to a previous reprimand / final warning / caution or conviction is not acceptable.

6.2.3.  The disclosure must be for the protection of the public, the prevention of crime, the detection of crime, the investigation of alleged offences or the apprehension of suspects, and where failure to disclose would be likely to prejudice these objectives.

6.2.4.  The conditions under which disclosure is made must ensure that only those people who have reasonable need to make use of the information have access to it.

6.2.5.  The risk of possible harm to the suspect must be considered in all cases and a risk assessment conducted accordingly. For instance;

• are there any issues of confidentiality or sensitivity, which relate to the disclosure, which must be considered?
• what is the level of ethical, personal or operational risks, which may arise as a consequence of the disclosure?
• what is the purpose of the disclosure?
• are there any special conditions relating to the disclosure of the image which should be considered?

6.2.6.  Having identified any risks, it will be necessary to make a written record of the plan to manage the risk (including requirements for PII if applicable).

6.3.  Police photographs of wanted persons may only be released in accordance with policy C02. In all such cases, the Crown Prosecution Service (CPS) should be consulted if identification is an issue.

6.4.  Any decision to release police photographs / intelligence must be in accordance with the Human Rights Act 1998.

6.4.1.  The reasons for releasing the police photograph(s) / intelligence must be recorded and kept with a copy of all the material released or proposed to be released, for a period as specified in the Criminal Procedures and Investigations Act 1996. This must include agreements relating to security of the police photographs / intelligence, etc. (See paragraph 6 below). It is recommended that staff use the Human Rights Act 1998 Decision Considerations `JAPAN' to record their decision making process.

 

7. Police procedure and records to be kept 

7.1.  The procedure for the supply of police photographs / intelligence will be owned and managed by the Area Intelligence Co-ordinator.

7.2.  The Area Intelligence Co-ordinator will ensure that:

• An up to date register of members of each scheme; and
• A copy of the original agreement(s) with the individual(s)/organisation(s),

Is maintained and available for inspection / audit under the Data Protection Act 1998.

7.3.  Some schemes will have appointed an approved `Scheme Manager' or `Intelligence Co-ordinator'. This is a person employed by the Scheme (not Kent police) to manage the intelligence to and from members. To be `approved' such a person will be regarded as a `Contractor' to Kent police and have undergone a successful security check in compliance with Policy I11.

7.4.  Where a scheme has an approved `Scheme Manager' or `Intelligence Co-ordinator' the Area Intelligence Co-ordinator will ensure that any police photographs / intelligence supplied to a scheme will be supplied to this person with instructions as to which members the police photographs / intelligence are to be disclosed to.

7.4.1.  The approved Scheme Manager / Intelligence Co-ordinator is responsible for disclosing the police photographs / intelligence in accordance with the Area Intelligence Co-ordinators instructions, on behalf of Kent Police. The approved Scheme Manager/Intelligence Co-ordinator will maintain their own record of who they have disclosed the police photographs / intelligence to and ensure that the records are available for inspection, by or on behalf of Kent police, at all reasonable times.

7.4.2.  When police photographs / intelligence are supplied to an approved Scheme Manager / Intelligence Co-ordinator, the Area Intelligence Co-ordinator will ensure the following records are maintained regarding each police photograph / intelligence disclosed:

• Reasons why the release of the police photograph/intelligence is regarded as necessary (see paragraph 5, above);
• A copy of the risk assessment including requirements for PII, if applicable;
• A copy of the Human Rights Act Decision Considerations under JAPAN;
• A copy of the receipt and acknowledgement of the security arrangements in relation to the storage and use of the disclosed police photographs / intelligence from the approved Scheme Manager / Intelligence Co-ordinator.

7.5.  Where a scheme does not have an `Approved Intelligence Co-ordinator' the Area Intelligence Co-ordinator will ensure that any police photographs / intelligence supplied to a scheme will be supplied to each member, personally, in compliance with any instructions as to which members the police photographs / intelligence are to be disclosed.

7.5.1.  When police photographs / intelligence are supplied to individual members, the Area Intelligence Co-ordinator will ensure the following records are maintained regarding each police photograph/intelligence disclosed:

• A list of all members each police photograph / intelligence is disclosed to;
• Reasons why the release of the police photograph / intelligence is regarded as necessary (see paragraph 5, above);
• A copy of the risk assessment including requirements for PII, if applicable;
• A copy of the Human Rights Act Decision Considerations under JAPAN;
• A copy of the receipt and acknowledgement of the security arrangements in relation to the storage and use of the disclosed police photographs / intelligence from each member the police photographs / intelligence are disclosed to.

7.6.  Where it is demonstrated that an individual whose photograph / intelligence, which is to be disclosed to a scheme, is also involved in similar activity elsewhere in the County but in another Kent police area the Area Intelligence Co-ordinator for the Area disclosing the police photograph / intelligence will ensure that the Area Intelligence Co-ordinator for the other Area is consulted and that arrangements are made for that Area Intelligence Co-ordinator to disclose the police photograph / intelligence to member(s) of that Area's scheme(s) in accordance with this policy.

7.7.  Any request from staff for authority to release police photographs / intelligence under this policy will be submitted to the relevant Area Intelligence Co-ordinator who will ensure compliance with any relevant legislation and this policy.

7.7.1.  Only after full consideration has been given to the Human Rights Act 1998 / the `decision considerations' JAPAN and the Area Intelligence Co-ordinator is satisfied that all the legal requirements under any enactment have been complied with, will s/he authorise the release of the police photograph(s)/intelligence to those individuals / organisations that the Area Intelligence Co-ordinator believes there is justification to release to. Authority for the release of police photographs/intelligence in compliance with this policy will be by the use of forms 3795 and 3796 (in conjunction with each other) available in `Word'.

7.7.2.  The Area Intelligence Co-ordinator will also ensure a record of the release of the police photographs/intelligence is recorded on Genesis.

7.8.  No police photograph / intelligence disclosed under this policy should be in the possession of any external individual / organisation for more than 60 days before review. However where an individual is subject of an exclusion notice issued by a crime reduction scheme the police photograph / intelligence may be released for up to 120 days before review for the duration of the exclusion notice. The Area Intelligence Co-ordinator is responsible for ensuring such reviews are conducted and will authorise the appropriate action as a result of that review.

7.9.  The review will consist of a reassessment of the information contained within the original file and an assessment of the current intelligence relating to the individual whose police photograph / image has been disclosed. The original Form 3796 will be used for this purpose but where more than one review takes place additional forms 3796 are available in Word. Each review will be signed by the reviewing officer and forwarded to the Area Intelligence Co-ordinator for consideration of appropriate action. If the decision is made that it is appropriate to allow the external individual(s) / organisations to keep possession of the police photograph / intelligence then this must be authorised by the Area Intelligence Co-ordinator unless any enactment requires such authority to be given by an officer of a higher rank. In such cases the Area Intelligence Co-ordinator will make the necessary arrangements for the granting of such authority to be considered.

7.10.  Authorisation forms will be subject to audit, against this policy, by the Force Data Protection Unit.

7.11.  All the documentation detailed within this policy will be retained in compliance with the Criminal Procedures and Investigations Act 1996 (See Policy N77). Further advice and guidance can be obtained from any Disclosure Officer.

7.12.  In the event of a prosecution, the officer in the case must ensure that reference is made on the court file by endorsing the form MG6/E to the effect that a police photograph / intelligence was circulated, this is regardless of whether the circulation was the catalyst for the arrest or not. All other information and documentation relating to the supply of the police photograph / intelligence to a third party is also subject of disclosure rules.

7.13.  In the event of identification being an issue for concern, staff must ensure that prior to any subsequent identification process being embarked upon, the Identification Officer must be informed of the circulation of the suspect's photograph, by way of reference in form 2380H (see policy H05).

 

8. Data governance 

 
8.1.  The release of police photographs/intelligence in compliance with this policy is permissible under our current data protection registration.

8.2.  Individuals / organisations in receipt of police photographs / intelligence must be informed, in writing, each time they receive such information from Kent police, that the:

• police photographs / intelligence received are to be handled in accordance with the principles and requirements of the Data Protection Act 1998;
• police photographs / intelligence supplied remain, at all times, the property of Kent Police and must be surrendered on demand or destroyed in a manner appropriate to the destruction of personal data, if directed to do so by or on behalf of Kent police;
• police photographs / intelligence supplied must be treated as `Confidential' by each recipient and only be made available to those members of staff who they can justify the disclosure to in order to meet the requirements of the scheme and the purpose for the issue of the police photographs/intelligence;
• police photographs / intelligence will, when not in use, be kept in a locked drawer or similar secure storage, access to which will be strictly controlled by a responsible person. Details of the responsible person will be supplied to the police. Kent police retains the right to inspect the security arrangements and compliance with them at any reasonable time, this being a condition of membership of the scheme;
• the recipient accepts and agrees to an undertaking that they will be solely responsible for any breach of confidence or the Data Protection Act 1998 by their staff, agents or servant. In particular, the unlawful disclosure or use of the data without express consent of Kent police may result in prosecution under Section 55, Data Protection Act, 1998;
• police photographs/intelligence supplied may not be copied, duplicated, etc., or supplied to third parties.

8.2.1.  The police photographs/intelligence will only be supplied once a signed undertaking including the above matters has been obtained. (See Form 3797, available in Word).

8.3.  The supplied police photograph/intelligence will have a unique identifying reference number issued by the relevant Area Intelligence Unit who will also maintain a register of such issues. The numbering will start at 1 (one) and will be prefixed by the Area code followed by the next consecutive number, then year. (e.g. CZ/001/02). At the commencement of each new-year the number will be the next consecutive number at will not re-start at 1 (one). If it is justifiable to provide the person's name for operational reasons such action is permissible on the Form 3795 only. In deciding whether the release of the subjects name is `justifiable' it is recommended that the JAPAN Decision Considerations be used. A written record of such justification will be kept in the relevant file by the Area Intelligence Co-ordinator. In general (unless it can be justified as detailed above), the person's name must not be shown or supplied to the recipient and under no circumstances will it be used by police or partner agencies / individuals in radio, telephone, or other verbal electronic communication systems. In no circumstances should the person's address be provided to the recipient. Where reference to the police photograph / image is made by an outside agency by way of a retail radio link scheme, such comment should be by way of reference number only.

8.4.  Previous convictions must not be supplied, however, an indication may be given as to the nature of the offences likely to be committed by the subject, i.e. `It is suspected that this subject may engage in a street robbery in your area'.

8.5.  PNC warning signals or any other information from the PNC will not be disclosed. Where there is a risk of danger to the recipient of the police photograph / intelligence this must be included in any risk assessment made concerning the disclosure of the police photographs / intelligence. Where it is decided to disclose the police photographs/intelligence in such circumstances the following or similar phrase (as appropriate to the circumstances) will be added to form 3795 and drawn to the attention of recipients: `Do not approach but call the police immediately'.

8.6.  Any member of staff supplying information to a third party will record what information was given and whom it was given to.

 

8.7. In accordance with the Code of Practice on the Management of Police Information issued by the Home Secretary in July 2005 there will be obligations on all organisations or individuals who receive police information as follows. In making national or local agreements and protocols for the sharing of police information with persons or bodies other than police forces, or in responding to individual requests for information outside such agreements or protocols, chief officers should require those to whom information is made available to comply with the following obligations:

a) Police information made available in response to such a request should be used only for the purpose for which the request was made.
b) If other information available, at the time or later, to the person or body requesting police information tends to suggest that police information is inaccurate or incomplete, they should at the earliest possible moment inform the chief officer concerned of such inaccuracy or incompleteness, either directly or by reporting the details to the managers of the central police system through which the information
was provided.
 

The chief officer responsible for the police information concerned should then consider,
and if necessary record, any additions or changes to the recorded police information

8.8.  Area Intelligence Co-ordinators will ensure that an up to date list of members of the `Kent Town Centre Safety and Security' initiative is maintained and supplied to the Data Protection Unit, FHQ.

9. Retention and disposal of records

9.1. Documents mentioned in the above policy will be retained for the period specified in the retention & disposal of force documents policy (Ref No B18) and the supporting disposal schedule.

10. Equality impact assessment

10.1. This policy has been assessed with regard to its relevance to race and diversity equality. As a result of this assessment the policy has been graded as having a medium potential impact.

10.2. Attached is the latest equality impact assessment that forms part of the policy review process.