Part 3: Law enforcement processing Chapter 2: Principles Section 38: The fourth data protection principle
The fourth principle (section 38) requires personal data held by a controller to be accurate and kept up to date. In the law enforcement context, the principle of accuracy of data must take account of the circumstances in which data is being processed. It is accepted that, for example, statements by victims and witnesses containing personal data will be based on the subjective perceptions of the person making the statement. Such statements are not always verifiable and are subject to challenge during the legal process. In such cases, the requirement for accuracy would not apply to the content of the statement but to the fact that a specific statement has been made. Section 38(2) recognises the distinction between personal data based on facts (for example, the details relating to an individual’s conviction for an offence) and data based on personal assessments, such as a witness statement. The requirement to keep personal data up to date must also be viewed in this context. If an individual’s conviction is overturned on appeal, police records must be amended to reflect that fact. However, this principle would not require the retrospective alteration of a witness statement which the appellate court found to be unreliable.