HOC 23/2005 Fingerprints and the Use of the Police Elimination Database

The PEDb forms part of the National Automated Fingerprint Identification System (NAFIS) managed by the Police Information Technology Organisation (PITO).

Under Regulation 18 of the Police Regulations 2003, upon joining a police force every police officer shall have their fingerprints taken. These fingerprints shall:
u Be kept separately from fingerprints taken in other circumstances in an electronic format in a discrete database on the local PEDb.

u Only be used for elimination purposes by the Force Fingerprint Bureau of their own force.

u Be destroyed when the officer leaves the force, except in circumstances where the officer transfers to a new force, in which case they will be transferred to the chief officer of the new force.

There is no legal requirement for the fingerprints of other police staff to be taken.

Recognising that many police staff regularly come into contact with crime scenes and may unwittingly leave marks which need to be eliminated, the Home Office and the Police Advisory
Board for England and Wales (PABEW) agreed that both the fingerprints of police officers and other police staff (eg special constables, police community support officers, crime scene examiners, forensic support staff) should be taken and held on the PEDb in line with an agreed protocol.

The protocol is included as an Annex in the Circular. The following points are covered in the protocol:

u The legal requirement under Regulation 18 of the Police Regulations 2003 for a police officer to
have their fingerprints taken.

u Chief officers should encourage individuals on appointment to a relevant role to provide fingerprints for the purposes of elimination only. The protocol provides a list of roles, which is not exhaustive. These include: special constables; police community support officers; crime scene examiners; forensic support staff; police photographers; police surgeons; pathologists; mortuary workers; exhibits officers; and also some contractors including vehicle removers, locksmiths and glaziers.

u The Home Office has drafted a standard letter setting out the requirement to obtain fingerprints which should be provided to and signed by each newly recruited officer. A similar letter is provided for special constables, support staff and others, which asks for consent. Both letters may be found in appendices to the Circular.

u In very exceptional circumstances a search of the PEDb may be conducted for reasons other than elimination purposes. However, authority in writing by the chief officer will be required. The
PEDb should not be used as part of a complaints or misconduct investigation.

u Elimination prints currently held in paper collections by a force should be quality checked prior to scanning for the database. This must be completed by all forces before June 2005.

u Responsibility for management and security of the PEDb lies with the fingerprint bureau of the force. Access to the database is restricted to fingerprint staff from that force only. Audit trails for the database are built into the system software to ensure good management and provide protection for the donor.

u Fingerprint records will be removed from the PEDb as soon as individuals leave the police service or they relinquish their role as support staff. The system will produce a certificate for the donor to indicate that both the electronic and hard copy have been destroyed.

u Data on the PEDb must be processed fairly and lawfully to comply with data protection principles set out in Schedules 2 and 3 of the Data Protection Act 1998. Although fingerprints come within the classification of ‘personal data’, there is no breach of the European Convention on Human Rights if they are taken with consent.

A full copy of the Circular, protocol and standard letters can be found at www.circulars.homeoffice.gov.uk