The Police & Data Protection

[brucemillar]

This happened to me yesterday. Can this really be right?

Received a voice message on my mobile.

" Mr Millar it is XXXX from Kent Police here. Please could you contact us ASAP on this number xxxxx quote ref xxxx and ask to speak to xxxxxx."

I have no idea what this is regarding and am not in the habit of receiving any messages from the police.

After 15 minutes on the line (not making this up) I finally get to somebody who "knows what it's relating too".

My car is obstructing the highway. Well I know it's not as it is sat outside the window of my office in the car park. I ask what is the car reg in question. They can't tell me that due to data protection. But they then ask me do I own another car. I do. Two other cars actually. What are their registrations please. I tell them. They say it's the first reg.

That is my wife's car and she is at work. Where is the car causing an obstruction. We can't tell you that either due to data protection.

So they can't tell me which car is involved unless I tell them which cars I won first and they can't tell me where the issue that they have called me about is happening.

Now I am thinking has there been an accident? Is this an elaborate hoax?

I call my wife. Turns out it is not our car causing the obstruction. Somebody else has parked on yellow lines opposite my wife and the bin lorry can't get through. Police turn up and tell my wife that they can't contact the other party but that they were able to contact me so she get's told to move her car.

My problem with all of this is:

1) How did the police know my mobile number (I don't remember putting it on my V5 or anything)

2) How can they refuse to tell me what the issue is if they have contacted me and scared the poop out of me verifying that my car is involved.

Is this really data protection or just an individual interpreting the law?

 

[trapperjohn]

Had a similar thing a couple of months back.

I got a text asking me if I would recieve information from my local nick. I said yes. Heard diddly squat from them though.

They have my mobile number from an attempted break-in about three years ago. I was in the garden and the perp snook up the blind side of the house (to me) Put his hand through a small open window high up, I guess to try and open a lower window (Dumb perp, only top windows open in my gaff and they are small) Anyway long story short. Perp legged it when the alarm went off, he triggered a beam. House and garage always alarmed, even if I'm in the garden. Bloody sad old world we live in.
Smokey came PDQ when called (non emergency number in my mobile, always)
Perp coughed to the crime when doing time for another, I believe its called a TIC, Taken Into Consideration, stops them being arrested on the way out of clink and thrown back in. Helps with the clear up of crime figures too.

Ever put your mobile number on a DVLA form? It could have been cleaned from there.

Edit. Whoops just noticed you dont remember putting it on a V5 or anything.

 

[grober]

If you feel strongly about it I think I would write a letter to the chief constable asking the following:-

1. How the police had access to your mobile phone number.

2. Why the other car involved was not removed/towed as your wife's car was parked legally?

3. Has the owner of the other car been charged with obstruction illegal parking?


I would also let them know you are sending a copy of the letter to your MP.

 

[MD5]

It sounds like someone's been a bit naughty in the pragmatic way they've gone about trying to resolve a traffic situation, instead of appealing to your better nature. There will be records of your phone no, which the police will have access to.

 

[Mr E]

I love the way that people quote Data Protection without understanding what it is actually about.

In this case, the person on the phone was satisfied enough that you were connected with the vehicle in confirming that the first reg number you gave was the one concerned. There should then be no issue (certainly under the DPA) with giving you further info.

However, there can be an issue with the aggregation of data and security levels. That would be unlikely in this case. As MD5 has said, it sounds like a pragmatic way of sorting a problem that has not been handled very well.

And do you really think that the police would not know what phone number you have? Hence why real criminals use stolen / cloned / unregistered phones in order to make it harder to listen in. Whether this incident is an appropriate use of such data may be up for debate.

 

[Blackman]

I agree, it is a bit ridiculous to call you saying "your car" is involved in some situation and then not provide any reg/location details due to that idiotic Data Protection Act.

Regarding the mobile number, that's nothing to be surprised about. That's why they're called Police. If they really want, they can also find out what time you go to toilet and what's your favourite color.

 

[grober]

While the police may be entitled to access your personal details in enquiries in connection with an offence which has been committed. I doubt very much they are entitled to act on them in any way if it becomes plain you have not committed the offence in the first place. As such I imagine they are technically in breach of the act.

 

[Stempies]

God, i hate the modern computerised age, no privacy at all, even Asian call centres know your shoe size, the sooner someone sets off a "dirty bomb" the better!!!

I know i'm using a PC, but in the years before i was happily a member of many car clubs that relied on posted material & face to face meetings!!!
I'm one of those that will use the technology but would be just as happy without it!!!

 

[Scott_F]

If you feel strongly about it I think I would write a letter to the chief constable asking the following:-

1. How the police had access to your mobile phone number.

2. Why the other car involved was not removed/towed as your wife's car was parked legally?

3. Has the owner of the other car been charged with obstruction illegal parking?


I would also let them know you are sending a copy of the letter to your MP.

They couldn't possibly reply to any of these questions - data protection !

 

[crockers]

Well worth reading this --- YAWN..but as Mr E said many state it not knowing its contents..

Data Protection Act 1998

 

[Dryce]

I doubt very much they are entitled to act on them in any way if it becomes plain you have not committed the offence in the first place. As such I imagine they are technically in breach of the act.

They just need a sensible reason to look you up.

DP act isn't quite what people think it is either - and gets given as a reason usually without context when information is not divulged.

 

[brucemillar]

My point regarding use of my mobile number was/is.

Why go to the trouble of finding it, using it, leaving a message on it, then refusing to tell me what was actually happening on it !!

It would have been far easier to do nothing.

 

[grober]

They couldn't possibly reply to any of these questions - data protection !

1 You enquiring about your own details they hold which you are entitled to do under the act.

2. you are not asking for the identity or details of the other car owner only if proceedings are being taken against them. If no--- they can't furnish that information----- you wish to report a car registration no xxxxxxxxx for parking on double yellow lines and causing an obstruction.

3. OK the DP act might apply there.

 

[Scott_F]

1 You enquiring about your own details they hold which you are entitled to do under the act.

2. you are not asking for the identity or details of the other car owner only if proceedings are being taken against them. If no--- they can't furnish that information----- you wish to report a car registration no xxxxxxxxx for parking on double yellow lines and causing an obstruction.

3. OK the DP act might apply there.

I think that crying "data protection" is often just the stock excuse for not giving out information that they aren't sure they should divulge or simply can't be bothered to find out.

 

[Mcnasty]

My point regarding use of my mobile number was/is.

Why go to the trouble of finding it, using it, leaving a message on it, then refusing to tell me what was actually happening on it !!

It would have been far easier to do nothing.

I personally think your course of action would have been to call your local force up on the single advertised central tel number that most forces have, and ask to be put through to the person that called you. That way you have verified that you are actually talking to Police, and not someone pretending to be the police.

For example, when someone from a company calls me and then asks for me to verify who I am by giving them personal details, I always ask for them to prove to me who they are, this usually flumuxes them, especially if they are trying it on from an unsolicitored sales pitch.

 

[renault12ts]

Banks do this. They ring you up and ask questions to verify your identity. They don't like it when you say no because they are the ones who rang you.

We are always advised not to give out personal information to unsolicited callers...yet the banks do it themselves.

 

[brucemillar]

That is exactly what I did. I even gave them the name of the individual who left the message and their own ref number. The individual who called me then refused to give the details.

 

[verytalldave]

The police can - if they wanted or needed to - pinpoint anybody who has on them a registered cell phone providing its switched on to within about 5 metres.
Its a just a simple matter of triangulation.

 

[brucemillar]

OK. Thank you everybody for the replies.

My point is being missed.

Why would the Police choose to go to all this trouble to find my mobile, call my mobile, leave a message for me to call them back , on my mobile. Then refuse to discuss what they were calling in regard to.

Why not think. We are not going to discuss this so let's not bother and save us all the trouble.

 

[Dryce]

The police can - if they wanted or needed to - pinpoint anybody who has on them a registered cell phone providing its switched on to within about 5 metres.
Its a just a simple matter of triangulation.

Depends on the circumstances of the cells and the environment.

5m is optimistic and would require your phone to be in a location where several cells overlapped.

It's often a lot lot worse. In rural areas you may well have no overlap and it just comes down to being known within a given radius of the cell antenna.