On RIAMS Libraries, a new procedure and template letter to guide local authority officers in requesting information under the GDPR exemption has been published.

The procedure outlines how to request information under the Data Protection Act 2018 for the purposes of carrying out a criminal investigation, identifying lines of enquiry and obtaining evidence that other organisations hold.

When undertaking a criminal investigation, the investigator has a responsibility to pursue all reasonable lines of inquiry, whether these point towards or away from the suspect. It is rare, even for experienced officers, to encounter two identical criminal investigations; each tends to have a unique set of circumstances and is fluid in nature.

With the introduction of the Data Protection Act 2018 and the UK GDPR, local authorities have adopted a cautious approach to criminal investigations, especially concerning how they hold and obtain data. This is, of course, the correct approach. However, officers (who are often criminal investigators in many cases) should be aware of the exemptions within the GDPR that allow them to request data for the purposes of the detection and prevention of crime.

This new procedure (available here) will support officers and provide reassurance on requesting and gathering information lawfully during an investigation. 

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