Data Protection and Police Investigations: Understanding the Challenges Involved

Following a high profile case involving the missing person Nicola Bulley, the Information Commissioner's Office (ICO) spoke with Lancashire Police to better understand the steps they took before releasing information. After speaking with Lancashire Police, the ICO determined that no enforcement action was necessary in this case. The ICO wanted to use this opportunity to share the wider lessons that all police should take away from the incident and use in order to handle the challenge of considering whether or not to disclose personal information in fast paced cases. They advised law enforcement organizations to think about the risks vs benefits of disclosure and ask themselves specific questions such as what data will be shared, how can it help and is the disclosure necessary and proportionate. The ICO is continuing to offer their advice and support to police with the hope that these tips can be used when making decisions on how to handle such situations in the future.