Complaints: Clauses 34 and 35
278. The Information Commissioner told us that he
would like to see provision for an individual, with reasonable
cause, to challenge the operation of the system (rather than just
the imposition of a penalty).
Similarly, the Commission for Racial Equality called for "effective
and unbureaucratic recourse to an independent body that can investigate
practical abuse of the scheme by individual police officers and
other authorities at street level".
The Home Office said that it was their intention that an individual
should be able to make a complaint about the operation of the
scheme, but that as they intended the scheme to be run by an Executive
Agency, there was no need to specify this in legislation. They
added that complaints about disclosure could be heard by a tribunal
such as the Investigatory Powers Tribunal. We welcome the Home
Office's commitment to enabling complaints to be made about the
operation of the scheme. The provisions to enable this must be
effective, unbureaucratic and practical.