The Manx police may be holding on to records of certain convictions apparently without legal grounds to do so.
A review has been carried out of non-police convictions held by the force.
These include TV licence offences, unpaid fixed penalty notices, byelaw, treasury and census offences, and non-recordable fisheries offences.
Details emerged in a letter sent out to local authorities by the police’s information governance manager.
He wrote: ’Historically, the Isle of Man Constabulary has been holder of the de-facto conviction history information in respect of individuals.
’A recent review of the records that are held has revealed that the constabulary is holding information which it has no legal basis to hold.’
He said police are taking steps to ensure they are compliant with data protection legislation and ’considers that it cannot act as the holder of these convictions any longer.’
Local authorities have been contacted as organisations that may be affected by this move and to allow them to comment and make alternative arrangements where necessary.
But a police spokesman said advice has since been taken which suggests the conviction records may be held legally after all.
He explained: ’Since writing this letter, the Constabulary has taken advice which states it may hold the information under common law principles.
’It is incorrect to say it had "no legal vires" but a legal basis which relied on that common law position - apprehension of offenders and prevention and detection of crime.
’It has sought to rationalise this and steps are being taken to ensure the Constabulary will be complying fully with legal vires and work is ongoing to tighten this through legislation.’
He said the information held has only come under review since the implementation of GDPR/data protection legislation. ’As such the Constabulary has held no additional records within these criteria since the passing of the new legislation,’ he added.
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