Disclosure of Personal Data to the Police

There have been a number of recent cases where the Police have approached schools seeking access to specific personal data held by a school. Such requests need to be processed by schools in accordance with the provisions of the Data Protection Act 1998.

The Data Protection Act contains a specific exemption (Section 29(3)) allowing the disclosure of personal data in cases where refusal is likely to prejudice:-

• The prevention or detection of crime.
• The apprehension and prosecution of offenders.
• The assessment or collection of any tax or duty or any imposition of a similar nature.

In order to apply the exemption two things must happen.

1. The police should make their request in writing clearly stating why their investigation will be prejudiced if the personal data is not disclosed. Ideally the written request should be submitted on an official form (Section 29(3) Declaration Form and Data User). If a verbal request is made the Police should be informed of the need to make such a request in writing.


2. The exemption contained within Section 29(3) allows schools to disclose information but it does not compel them to do so. Consequently, on the basis of the written information provided by the Police, you must make a judgement as to whether a refusal to release the information will prejudice action by the Police.

It is of course possible to release the information without applying the exemption by seeking the consent of the data subject. However, such action in itself may compromise the investigation by the Police. Therefore, if you are considering seeking consent from the data subject, you should discuss this with the Police before doing so.