Criminal History of another person supplied in prosecution papers

[Balood31]

Dear All

I am in Northern Ireland

I was accused of a minor criminal matter and was convicted of it in the magistrates court. Unfortunately because of the conviction I lost my job. I appealed the conviction to the Crown Court and it was quashed by the judge. I wasn't even questioned. Well after the matter was over, I asked for a copy of the Public Prosecution Service Decision Papers from my solicitors. I noted that the papers contained a criminal history of a third party, with their name, age, nationality, convictions and punishments, all of which were of a sexual nature. I know this is a clear breach of GDPR. I do not have any criminal history.

The pages containing this information, either were mistakenly added by my solicitor and sent to me, or mistakenly added to the documents by the PPS and sent to my solicitor or mistakenly sent by the Police to the PPS. I am currently trying to find out which and have reported a GDPR breach to each party.

My issue is that if the magistrate read this criminal history and did not note the error, as it appears the PSNI, PPS and solicitor did not, then their conviction of me may have been influenced by this breach of GDPR.

So what actions should I take? Who else do I need to contact? I am going down to the Magistrates court and raising this matter in person, as I am within walking distance. Who should I ask to speak too?

Thanks

[echat11]

The Crown Prosecution Service (CPS) can only share an individual's criminal record with specific parties, including themselves, their solicitor, or other law enforcement agencies with a legitimate need to access it. The Information Commissioner's Office (ICO) regulates the CPS and can investigate and prosecute individuals or organizations for data protection offenses. Sharing someone else's criminal record without a lawful basis, such as a court order, is generally not permitted.

Clearly you need to find out when that 'information' entered your case file, then proceed to lodge a formal complaint 'accordingly' in writing, you maybe due compensation (but you need to figure out what is what). As you state, there might have been 'consequence' because of that breach.

Contact the ICO, they have a chat facility. Explain what's happened.

If the matter isn't resolved, then you can lodge a formal complaint with the ICO.

[islandgirl]

If you pleaded not guilty the magistrates would not have seen the record until after the decison was made (before sentencing) - such a mistake may well have influenced sentencing

[Dord]

echat11 - slight nitpick: it's the Public Prosecution Service (PPS) not the CPS in Northern Ireland.