At present there is clearly, as your argument demonstrates, a fundamental conflict between the privacy rights we enjoy pursuant to DPA / GDPR and the practice of recording NCHIs. The emphasis being on the word non.
Will this conflict go away in Scotland when these so called hate incidents become actual crimes rather than non crimes on 1 April, since the Police will be able to argue that they are putting you on the record in the course of investigating an *actual* crime and thus properly able to use the related DPA basis for processing?
I would hope that some test of reasonableness must apply to any processing of one’s personal data which the Police do in the course of investigating any crime, not just this weird new flavour of pseudo crime. Ie they can’t keep you on a suspects’ database forever based on a random and groundless accusation.
Not sure I really understand the above, but I do think that 'hate', being an emotion, should have nothing to do with the police, even if it was quantifiable. And likewise, recording the details of a 'non-crime' should NOT be the job of the police. Or is it just to stop them getting bored? After all, they have completely eliminated all real crime from this country, violent and non-violent, and we of course don't need to lock our doors or chain our bikes or take our laptops to the Costa Coffee toilet anymore! Yes, crime is a thing of the past so the boys and girls in blue must get bored. Jon.
At present there is clearly, as your argument demonstrates, a fundamental conflict between the privacy rights we enjoy pursuant to DPA / GDPR and the practice of recording NCHIs. The emphasis being on the word non.
Will this conflict go away in Scotland when these so called hate incidents become actual crimes rather than non crimes on 1 April, since the Police will be able to argue that they are putting you on the record in the course of investigating an *actual* crime and thus properly able to use the related DPA basis for processing?
I would hope that some test of reasonableness must apply to any processing of one’s personal data which the Police do in the course of investigating any crime, not just this weird new flavour of pseudo crime. Ie they can’t keep you on a suspects’ database forever based on a random and groundless accusation.
Not sure I really understand the above, but I do think that 'hate', being an emotion, should have nothing to do with the police, even if it was quantifiable. And likewise, recording the details of a 'non-crime' should NOT be the job of the police. Or is it just to stop them getting bored? After all, they have completely eliminated all real crime from this country, violent and non-violent, and we of course don't need to lock our doors or chain our bikes or take our laptops to the Costa Coffee toilet anymore! Yes, crime is a thing of the past so the boys and girls in blue must get bored. Jon.
Warrior! Thank you Sarah. ♥️