PARLIAMENTARY DEBATE
Police National Computer - 18 January 2021 (Commons/Commons Chamber)
Debate Detail
The records and information held by the police help to keep us safe, but they, like many other public bodies, have an obligation to ensure that the information they hold is properly managed. As I am sure you are aware, Mr Speaker, not all information and records held by the police can be held indefinitely. To ensure that the police are complying with their legal obligations in respect of the records they hold, a regular housekeeping process is undertaken to delete personal data and records from the police national computer and linked databases: in this case, data relating to individuals who were investigated by the police but where no further action was taken. This is undertaken for a variety of reasons, but chiefly to abide by legal obligations.
With such a large database, holding some 13 million records, an automated process is used to remove records that the police national computer has no legal right to hold. A weekly update was designed by engineers and applied to the police national computer, which then automatically triggers deletions across the PNC, and other linked databases. Last week, the Home Office became aware that, as a result of human error, the software that triggers these automatic deletions contained defective coding and had inadvertently deleted records that it should not have, and indeed had not deleted some records that should have been deleted. An estimated 213,000 offence records, 175,000 arrest records and 15,000 person records are being investigated as potentially having been deleted. It is worth the House noting that multiple records can be held against the same individual, so the number of individuals affected by this incident is likely to be lower. Operational partners are still able to access the police national computer, which holds, as I say, over 13 million records. Clearly this situation is very serious, and I understand that colleagues across this House will have concerns, which of course I share.
By your leave, Mr Speaker, I want to set out for the House the steps that we have taken to deal with this complex incident. On the evening of 10 January—the same day the Home Office became aware of the incident—engineers put a stop on the automated process to ensure that no further deletions took place. All similar automated processes have also been suspended. Early last week, Home Office civil servants and engineers worked quickly to alert the police and other operational colleagues, and established a bronze, silver and gold command to manage the incident and co-ordinate a rapid response. The gold command provided rapid guidance for police forces and other partners to ensure that they were kept abreast of the situation.
Secondly, Home Office officials and engineers, working closely with the National Police Chiefs’ Council, police forces and other partners, immediately initiated rapid work, through the gold command, to assess the full scale and impact of the incident. This included undertaking a robust and detailed assessment and verification of all affected records, followed by developing and implementing a plan to recover as much of the data and records as is possible, and to develop plans to mitigate the impacts of any lost data. This is being done in four phases. Phase 1 involves writing and testing a code to bring back accurate lists of what has been deleted as a result of the incident. Phase 2 will involve running that code and then doing detailed analysis on the return to fully analyse the records that have been lost and establish the full impact. Phase 3 will be to begin the recovery of the data from the police national computer and other linked systems. Phase 4 will involve work to ensure that we are deleting any data that should have been deleted as usual when this incident first began. Phase 1 of the process has taken place over the weekend, and I am assured that it has gone well. The second phase is now under way, and I will hopefully have an update in the next few days.
While any loss of data is unacceptable, other tried-and-tested law enforcement systems are in place that contain linked data and reports to support policing partners in their day-to-day efforts to keep us safe: for example, the police national database or other local systems. The police are able to use these systems to do simultaneous checks.
I urge patience while we continue our rapid internal investigation and begin the recovery. I hope the House will appreciate that the task in front of us is a complex one. Public safety is the top priority of everyone working at the Home Office, and I have full faith that Home Office engineers, our partners in the National Police Chiefs’ Council and police forces throughout the country, with whom we are working, are doing all they can to restore the data. Although that is rightly our immediate priority, the Home Secretary and I have commissioned an internal review as to the circumstances that led to this incident, so that lessons can be learned. I will update the House regularly on the process. I commend this statement to the House.
Will the Minister tell us when the Home Secretary first knew about the data loss and why the public had to find out from the media? Given that the initial reports were of 150,000 items of data, and the figure now seems to be over 400,000, can the Minister be sure of how much data has actually been lost? In his statement, the Minister said that on 10 January the process of deletion was stopped, but will he confirm that the faulty script was introduced into the police national computer on 23 November, meaning that the problem was not identified for 48 days?
The Minister said in his statement on Friday that
“the loss relates to individuals who were arrested and then released with no further action”.
This is serious in itself. For example, let us consider cases of domestic abuse: when suspects are released, the data becomes very important to protecting victims and making further arrests. In a letter, Deputy Chief Constable Malik, the National Police Chiefs’ Council lead for the police national computer, said that the deleted DNA contains
“records…marked for indefinite retention following conviction of serious offences.”
This is, therefore, not only data on individuals released with no further action; it includes data about convicted criminals, so will the Minister now correct the statement that he issued on Friday?
Will the Minister confirm whether 26,000 DNA records and 30,000 fingerprint records held on separate databases have been deleted? Will he assure the House that the engagement with the PNC to delete the Schengen information system—SIS II—database was unrelated? What is the full impact on the UK visa system from the data loss, and how is it affecting ongoing police investigations and intelligence gathering?
The PNC and the police national database are due to be replaced by the national law enforcement data programme, but the assessment by the Infrastructure and Projects Authority is that the successful delivery of the project is in doubt. Is it still in doubt? If so, why? There are reports that 18 months ago senior police outlined that the Home Office was not investing in the PNC and that it presented a significant risk to the police’s ability to protect the public. Was that warning heeded?
Finally, if it is not possible to recover data via the process currently under way, what contingency plans are in place to seek to recover the data via other means? Does the Minister accept that maintaining the security of this vital data is critical to addressing crime, bringing criminals to justice and keeping our communities safe, and that if the Home Office is not doing that, it is failing the public?
As to the scale of the data, while the figure of 400,000 has been quoted, that is an accumulation of the various bits of information that may or may not have been deleted. As I said, a number of bits of information may apply to one individual, so the number of individual records on the PNC that might be affected could be smaller, but we will not know exactly until later this week, once the programme that is being analysed has come to an end.
As for when the script was introduced, that was indeed six weeks prior to what is called the weeding date, which is when the deletion was due to take place. That is standard practice, to load the script into the system some weeks before it is due to run. It did not run until the Saturday, when the error within it became immediately apparent.
As to the records that are affected, I am informed that the records that have been deleted are those that relate to people who were apprehended or put under investigation by the police. When there was subsequently a declaration of no further action to be taken, if there were prior convictions or offences on the police national computer, my information—what I have been told thus far—is that that those will remain. Only information relating to that specific incident, which was no further action, may or may not have been deleted. To a certain extent, that helps to mitigate some of the risk.
It is also worth pointing out that, as I said in my statement, there are other databases, both locally and those held nationally, such as IDENT the fingerprint database or the national DNA database, which may also be searched. The PNC draws its data from a number of other databases and when, because of our legal obligations, a deletion request is put on to the police national computer, it cascades deletions down through the other databases in accordance with the law. Those subsequent deletions were halted immediately, and that should help us, we hope, with recoverability of the dataset.
The hon. Gentleman asked about SIS II. That is indeed unrelated, and visa processing was suspended for approximately 24 hours. Everybody whose customer service threshold could not be met as a consequence of that was informed, but processing was resumed pretty quickly. We are assessing the impact on ongoing police investigations, while we analyse the report that has been run, which will give us the full picture of what has actually happened on the system.
Having said that, policing partners and the Home Office have put in place mitigations, not least informing other police forces—as Nav Malik did—that they should be making subsequent checks of their own and other databases, not least the police national database, which is a separate database from the police national computer and holds intelligence and other information.
On the national law enforcement data project, the replacement of the PNC, while that process has had its fair share of problems, it is fair to say we have undergone a reset. There is now a renewed sense of partnership working between the Home Office and the police, to make sure we get that much needed upgrade in technology correct.
The hon. Gentleman’s final point was about accepting the maintenance of data. He is absolutely right: we accept that it is very important that we, and indeed police forces and other governmental bodies that hold people’s personal data, do our best to maintain its integrity and to do so as faultlessly as possible. In these circumstances, we were attempting through this code to comply with our stringent legal obligations to delete personal data where it cannot be held by us or by other databases. Sadly, human error introduced into the code has led to this particular situation, which we hope is rectifiable. I am more than happy to keep the hon. Gentleman updated, as I did on Saturday afternoon, when I briefed him.
Mr Speaker, you really couldn’t make it up, yet curiously the Home Secretary is nowhere to be seen. Instead, she has sent her junior Minister to take the flak. I have two areas of questions for him. First, was this data cleaning operation in any way connected to the removal of records from the police national computer following the end of the transition period? Does the 400,000 figure include the 40,000 records that were removed from the police national computer post Brexit, or is it on top of that? Secondly, given the UK-wide nature of the database, what discussions have taken place with police forces in the devolved nations? Will the Minister commit to full co-operation with Police Scotland and other devolved forces until this issue is resolved?
As to the sentiments expressed by the hon. Member for Torfaen (Nick Thomas-Symonds) and the hon. and learned Lady about the Home Secretary, I can only apologise for the fact that they are facing someone who is inferior to their own status, but they will understand that the Home Secretary has an enormous draw upon her duties. She takes her duties in this House extremely seriously—there is no doubt about it—but I have been much more, I guess, embedded with this over the last few months, as one would expect of a Minister of State who is standing by his Home Secretary, doing her bidding.
There have been concerns about the process of replacing the police national computer and the police national database, but over the last few months, the Home Secretary and I have worked hard to put reset processes in place around that project. I am confident that we are now on a better footing to move forward to a brighter future for police technology.
“end of life, unsupported hardware and software”.
It further reports that the Home Office response was that it would only “fix on fail”. In other words, knowing that there was likely to be failure, the Home Office decided to just let it happen and fix it if it had to. Can the Minister tell the House whether there was ministerial involvement in that response, and if there was not, does he not think there should have been?
While I understand the issues claimed in The Times today around the police national computer, it is worth pointing out that this issue had nothing to do with the state or otherwise of the hardware and software of the police national computer. It was pure human error in coding and was not necessarily a reflection of the age of that system. We are committed to putting in place a brand-new system. That project is now back on track after a reset, and I am confident that over the next two or three years, we will see a significant change in the way UK policing uses technology.
We will know the full extent of the impact of this issue over the next few days, as our plan swings into action, and we are working very closely with police forces across the country, through the National Police Chiefs’ Council, to make sure that any operational impact is obviated or mitigated.
Having said that, as my hon. Friend will know from his very distinguished career at the Bar, the police have a number of other databases and sources of information from which they can seek corroborating evidence or otherwise through an investigation, and as I said before, we are working closely with them to make sure that those mitigations are in place while we get this problem sorted out.
“for indefinite retention following conviction of serious offences”.
In light of what the Minister has told the House and in light of his earlier statement of 16 January, was the National Police Chiefs’ Council incorrect to make that statement to senior officers?
Having said that—I guess it is safe to put this caveat in—we are in the process of analysing exactly what the impact of this loss has been. Once that becomes clearer, I will be more than happy to give the hon. Gentleman and others in the House the assurance that they need or, indeed, to give the wider conclusions of what that report is telling us. These are all initial views of what we believe may well have been happening. The first phase of our recovery plan has gone well; the second phase, which is analysing what the report is telling us about this frankly huge database, will come in the next few days, and then I will be able to give more certain answers.
I thank the Minister for his most comprehensive statement. My concern lies in the fact that there are cases that are sensitively linked to Northern Ireland. I would appreciate an understanding that contact has been made with the Police Service of Northern Ireland and the Department of Justice in Northern Ireland to go over how the data breach may have affected Northern Ireland citizens and residents and, further, whether it is felt that victims of crimes in particular may be affected and what steps are to be taken if they are affected.
As to my hon. Friend’s wider point about the conduct or otherwise of the west midlands police and crime commissioner, I think it will become pretty clear in the run-up to the police and crime commissioner elections in May, as people focus on crime performance, where they should put their cross in the box.
“The state has no business keeping records on people who are not criminals.”—[Official Report, 11 June 2018; Vol. 642, c. 640.]
Does my hon. Friend agree that the outcry from the Opposition Benches is indeed in contrast to that statement?
On the hon. Lady’s question about visas, there was a brief delay in the processing of visa applications for about 24 hours while the risk was assessed. It was deemed that the process could continue and nobody has subsequently been delayed.
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