Protection of Freedoms Act 2012
2012 CHAPTER 9
The Protection of Freedoms Act 2012 received Royal Assent on 1st May 2012. The Act contains a number of measures which, when brought into force, will have a major impact on public authorities especially councils. Amongst other things the Act:
Introduces a new code of practice for surveillance camera systems. This is in addition to the CCTV Code of Practice under the Data Protection Act 1998. There will also be a surveillance camera commissioner. Read our article on the New CCTV Regime
- Extends the Freedom of Information Act by requiring datasets to be made available in a re-usable electronic format. Read our blog entry on how this can make you money. For details of an innovative use of a dataset click here
- Provides for Magistrates’ approval of all surveillance activities by local authorities under RIPA. Read a full article on the changes.
- Requires schools to obtain parents’ consent before processing children’s biometric information
- Restrict the scope of the ‘vetting and barring’ scheme for protecting vulnerable groups and makes changes to the system of criminal records checks. Read our article
Ibrahim Hasan is doing a special online training session on the new Act in June and July.
The Act will also:
- bring in a new framework for police retention of fingerprints and DNA data
- provide for a code of practice to cover officials’ powers of entry, with these powers being subject to review and repeal
- outlaw wheel-clamping on private land
- introduce a new regime for police stops and searches under the Terrorism Act 2000 and reduces the maximum pre-charge detention period under that Act from 28 to 14 days
- enable those with convictions for consensual sexual relations between men aged 16 or over (which have since been decriminalised) to apply to have them disregarded
All our information and surveillance law courses will be updated to take account of the new Act. If you would like customised in house training on any aspects of the Act, please get in touch.
I would be obliged if you could confirm if the above act also covers Scotland