News link: https://www.bbc.co.uk/news/articles/cvgelpx2ljpo
In 1984 the National Coal Board announced plans to shut 20 UK collieries, resulting in the loss of at least 20,000 jobs. In response to the closures, more than three-quarters of the country’s miners went on strike and the National Union of Mineworkers sent a number of protesters to prevent the operations at Orgreave coking plant, a plant that provided fuel for steel furnaces in Scunthorpe.
On 18 June 1984, mounted officers from South Yorkshire Police charged at the protesters and were caught on camera repeatedly hitting protesters with truncheons, chasing some into the village of Orgreave. 120 miners and police officers were injured and 95 picketers were arrested.
South Yorkshire Police paid a total of £425,000 in damages to 39 miners who sued over assault, unlawful arrest and malicious prosecution. However, no wrongdoing was admitted and no officers have faced misconduct proceedings or prosecution.
In 2015, an Independent Police Complaints Commission review concluded that there was evidence to suggest that some of the officers at Orgreave had committed perjury and assault and had perverted the course of justice.
In 2024, Labour pledged in its manifesto, that they would launch an investigation or inquiry to determine the truth about the events at Orgreave.
In April 2024, two boxes containing information about the Battle of Orgreave were destroyed by Northumbria Police. The documents destroyed are thought to include a report on a well-know incident in which an officer beat a man over the head with a truncheon. In a statement the force set out that these papers were destroyed in line with the UK’s data protection regime.
Northumbria Police have been heavily criticised for this decision. Speaking during business questions, Lavery MP for Blyth and Ashington stated that the action by the force was “extremely disturbing news”. Lavery also went on to question the destruction of the vital and critical evidence given the pledge made by the new Labour Government in its manifesto.
Under the UK’s data protection regime, both the public and private sector must comply with the principle of storage limitation. This principle sets out that personal data, which is kept in a form which permits the identification of a data subject, must not be kept for longer than is necessary for the purposes for which the personal data are processed.
To demonstrate compliance with this principle, the Information Commissioner’s Office (ICO) recommends that organisations implement a data retention and disposal policy. These policies typically include two key sections:
Both public authorities and private businesses are responsible for determining appropriate retention periods that balance the principle of storage limitation with the need to retain personal data for legitimate reasons such as meeting statutory obligations, complying with regulatory guidance, or adhering to relevant limitation periods.
It is essential for both public authorities and private businesses to carefully consider their approach to data retention. Failure to comply with the storage limitation principle may result in substantial fines of up to £17.5 million or 4% of annual global turnover, whichever is greater. For the avoidance of doubt, it is also criminal offence to delete or alter personal data that is in the possession of a public authority or private business after it has been requested by a data subject.
If you are uncertain whether your current data retention policies meet legal requirements, we strongly encourage you to contact our Data Protection and Privacy team for expert advice.
If you require assistance with any aspect of data protection compliance, or have questions about your legal obligations, please contact Samantha McManus in our Data Protection and Privacy team on +44 (0)204 600 9907 or email info@culbertellis.com.
