John O'Groat Journal  and Caithness Courier
13 March, 2010
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Published:  18 September, 2009

SIR – I fully support the controversial pilot project launched this week by justice secretary Kenny MacAskill.

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This means parents who are concerned that suspected or known paedophiles or other sexual offenders may be preying on their children will now be able to telephone a dedicated police-operated hotline and will be informed whether their suspicions are correct, and whether or not a named person has any convictions. However, by allowing this sensitive personal information to be disclosed it appears that Mr MacAskill and the police may well themselves be breaking the law with regards to the (DPA) Data Protection Act 1998. This disclosure of "sensitive personal information" appears to be a case of double standards by the police and Mr MacAskill.

For years my family and I have written to the police and Mr MacAskill requesting information be disclosed as to whether an individual was on home release from prison at the time of my nephew Kevin Mcleod's death at Wick harbour in February 1997.

In his recent response to our request, Mr MacAskill stated: "I consider that any information showing that a named individual is or has been serving a sentence of imprisonment is 'sensitive personal data' for the purposes of the Data Protection Act 1998.

"Disclosure of the information you seek would therefore be unlawful under the terms of the DPA 1998 and FOISA."

Therefore, if the justice secretary has now sanctioned that any concerned parent can phone their local police station to enquire whether or not a certain individual has been convicted of a sexual crime, and be told "yes" or "no", then equally, if Mr MacAskill or the police have nothing to hide or fear, they must also now give my family a "yes" or "no" answer regarding our concern about this certain individual.

No doubt, as in the Lockerbie bomber debate, it will be the case of whether or not it suits Mr MacAskill's political interest to disclose the information we seek.

Allan Mcleod, Firhill, Alness.



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