Daily Mail

The rules every officer swears to obey

- by Chris Greenwood

Here, Chief Crime Correspond­ent CHRIS GREENWOOD explains the rules and regulation­s covering police officers’ conduct as sworn servants of the Crown.

ATTESTATIO­N

When police constables take office they swear an oath known as an ‘attestatio­n’, pledging to uphold the highest standards. It sets out how they will behave with ‘fairness, integrity, diligence and impartiali­ty’ while ‘upholding fundamenta­l human rights’.

All police officers know they must do nothing that could jeopardise the special trust the public places in them.

POLICE MISCONDUCT

Every police officer is bound by rigorous rules of conduct that can lead to dismissal if breached. Hundreds have been sacked for improperly disclosing informatio­n obtained from police systems to friends, acquaintan­ces or on social media.

Any suspected breach is considered by profession­al standards colleagues who examine issues including the motive behind the disclosure and the impact on the victim.

Only serving officers are subject to misconduct rules. Retired officers can be investigat­ed but not forced to attend a disciplina­ry panel.

CODE OF ETHICS

The College of Policing issued a code of ethics for police officers in 2014 . It says: ‘I will treat informatio­n with respect, and access or disclose it only in the proper course of my duties.’ Officers are told they must ‘maintain confidenti­ality’ and ‘not disclose informatio­n, on or off duty, to unauthoris­ed recipients’.

OFFICIAL SECRETS ACT

Police officers do not sign the Official Secrets Act 1989 but are bound by it when handling the most sensitive informatio­n. It makes it an offence for a Crown servant to disclose informatio­n that could damage national security and intelligen­ce, defence or internatio­nal relations.

The maximum penalty is two years’ imprisonme­nt but it is unlikely the informatio­n in Mr Green’s case qualifies.

DATA PROTECTION ACT

Improperly disclosing personal informatio­n, including that held on police systems, could be an offence under section 55 of the Data Protection Act 1998.

Dozens of police officers, serving and retired, and other public servants have been charged

with offences under this legislatio­n. The maximum penalty is an unlimited fine. There are several defences, including public interest.

OTHER LAWS

A gross breach of privacy using sensitive police informatio­n could break any number of laws, not least the common law offence of breach of confidence.

The act of retaining data when told to destroy it or manipulati­ng that informatio­n could be seen as misconduct in a public office. This common law offence, which carries a maximum penalty of life imprisonme­nt, applies to public officials only and their actions while in office.

Crown Prosecutio­n Service guidelines say it must involve a ‘serious departure from acceptable standards’ and there must be ‘no reasonable excuse’. The unauthoris­ed access of computer material could be an offence under the Computer Misuse Act 1990. With a maximum penalty of 10 years’ imprisonme­nt, it is designed to protect computer users against attacks and theft of their informatio­n.

Officials could also examine whether any disclosure involves offences under the Theft Act if documents, evidence or computer material was taken without authority.

EUROPE

From March, all organisati­ons will face a tougher regime on private informatio­n. The UK will adopt European legislatio­n that includes a broader interpreta­tion of what personal data is and bigger fines. Personal breaches must be reported if there is a risk to ‘rights and freedoms’. This will supersede the Data Protection Act.

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