back to article Staffs Police face data protection probe over 'drink drivers named' Twitter campaign

Staffordshire Police, who ran a Twitter campaign against alleged drink-drivers over the Christmas period by naming and shaming suspects charged with the offence, are now being investigated by the UK's information watchdog for a possible breach of data protection law. The move comes after the Information Commissioner's Office …

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  1. Pen-y-gors

    Dodgy cops?

    It's true they publish the details of people charged but they must be accurately described i.e. alleged drink drivers. This is an open-and-shut case - the hashtag states they are drink drivers, which they are not. I'd sue.

    Perhaps they should also tweet the details of every Staffs plod who is the subject of a complaint (394 in 2011) and tag them #crookedcoppers (obviously they aren't all crooks and many of the complaints won't be upheld, but when has the truth got in the way of a good hashtag?)

    1. mark 63 Silver badge

      Re: Dodgy cops?

      its also an "open and shut case" in the more traditional sense.

      Anyone who blows over the limit on the station test machine is going to be found guilty - no two ways about it.

      except that lucky dude in Scandinavia the other day who got a crazy judge whose judgement was "well alcohol affects Asians differently, so its fine for him to drive around wasted"

      1. Mad Mike

        Re: Dodgy cops?

        There is no such thing as an 'open and shut case'. People get found not guilty for all sorts of reasons, including incorrect certification of technical apparatus, incorrect police procedure, mitigating circumstances.

        If you could be bothered to look back through court proceedings, you would be amazed how many people are found innocent once charged, even for offences such as this.

        1. Dazed and Confused

          Re: Dodgy cops?

          > People get found not guilty for all sorts of reasons, including incorrect certification of technical apparatus, incorrect police procedure, mitigating circumstances.

          Including claiming that they can't get a free trial. You can bet any barrister defending any of these accused will try this one in court. This gaff could easily result in the courts throwing all these cases out.

      2. mmiied

        Re: Dodgy cops?

        massive diffrence leagley between "will be found guilty" and "has been found guilty"

        1. Mad Mike

          Re: Dodgy cops?

          Especially when 'will be found guilty' becomes 'may be found guilty'. Plenty of prosecutions fail. Just look at the court stats.

        2. John Tserkezis

          Re: Dodgy cops?

          massive diffrence leagley between "will be found guilty" and "has been found guilty"

          There's also a massive difference between "guilty with no charge", and "guilty and charged".

          Just specifiying the charged/not charged status doesn't tell you much, either way, you're still over the limit.

      3. Anonymous Coward
        Anonymous Coward

        Re: Dodgy cops?

        Not true - I once was declared over the limit by a station machine, only for the blood test to show I was 25% BELOW the limit.

        1. Anonymous Coward
          Anonymous Coward

          Re: Dodgy cops?

          > I once was declared over the limit by a station machine

          I don't suppose its still true, but when they switched from the little bags to the hand held gadgets the coppers I knew showed me that if they keyed their radio while you were blowing it always came up positive.

      4. kwhitefoot

        Are you trying to wind us up?

        Except that that comment was merely an aside and the case was decided on the grounds that guilt could not be proven.

        Here is what it said in http://www.thelocal.se/20140110/man-beats-drink-driving-charge-by-being-asian

        "The 63-year-old denied the charges, and the court took into account the fact that it could not be proven that he had actually driven while under the influence of alcohol. "

    2. Anonymous Coward
      Anonymous Coward

      Re: Dodgy cops?

      Better yet, opt for #institutionalracists - that was established as fact in the Macpherson report. No worries about being sued and a nice clear message to send the institutional racists.

    3. Anonymous Coward
      Anonymous Coward

      Public Records?

      Are not arrest records public in the UK? They are in the US. Being arrested does not mean the person is guilty, just that they have been arrested. The court proceedings are also public (in the US) so even if the person in the end is found innocent, no privacy laws are violated.

      1. kain preacher

        Re: Public Records?

        You can have those arrest records ex-ponged. In some states like California , if no charges are filed they have the option to change it to a deletion(which means you were just stopped by the cops) that rolls off after a year.

      2. The First Dave

        Re: Public Records?

        There is a massive difference between it being on record, and going out and telling everyone on Twitter.

        I have to say, that I have always thought that this was peculiar, and unfair - innocent unless proven guilty, but smeared from day one.

      3. Joe 35

        Re: Public Records?

        Being arrested does not mean the person is guilty, just that they have been arrested.

        ======

        Yes but the point is, the hashtag wasnt "driversarrested" or "driversaccused" it was "drinkdrivers" which implies guilt. Thats the point of the case.

    4. Anonymous Coward
      Anonymous Coward

      In the public domain

      If it's gone to court and no restriction placed on reporting, if you have been caught you are fair game.

      Sadly though this may be determined as a double punishment, first the fine and ban then the humiliation of being outed in the press.

      The only things missing are the stocks or the orange suits and leg chains while they clean up the cemetery.

    5. Anonymous Coward
      Anonymous Coward

      Re: Dodgy cops?

      Call the hashtag police:

      http://www.youtube.com/watch?v=J3twwafch4g

  2. NomNomNom

    I was thinking of setting up a blog asking people to hunt down those individuals and post their addresses. Might have been interesting to see how the police react to that idea.

    1. Khaptain Silver badge
      Windows

      Is that like revenge porn for Alcoholics ?

  3. Christoph

    If it's good enough for the Yanks

    This looks like a hi-tech equivalent of the 'perp walk' that US police use as extra-judicial punishment of accused people.

    1. Purple People Eater

      Re: If it's good enough for the Yanks

      Let's call it what it is - jury tampering. The shame is just a little bonus.

      1. Trevor Marron

        Re: If it's good enough for the Yanks

        Except there won't be a jury, it is magistrates court only for the offence of driving whilst unfit.

  4. Vimes

    Funny how when it's a public authority making the mistake the ICO respond far more quickly.

    Regardless of whether what the police have done is wrong or not, what's the bet that the officers concerned will be unaffected by this, but the police force will have to pay a fine that will result in tax payers getting a worse service?

    1. Anonymous Coward
      Anonymous Coward

      ... that will result in tax payers getting a worse service?

      There's a 'worse' level of service?

  5. David Pollard

    ... claimed to have "overwhelming support"

    Quite a few people engage in activities which do little or no harm to others and for which it could similarly be claimed there is "overwhelming support". The courts generally take rather a dim view of this argument if used for defence or mitigation when such activities break the law.

  6. Connor

    If you've been breathalysed and presumably blood tested it is open and shut anyway. They are hardly alleged. Whatever the law says, I don't believe the police are wrong. The law as it stands makes a mockery of crime and victims anyway. I am sure it won't be long before all criminals are anonymous throughout the whole court process. Save millions in new identities and reporting restrictions when scum are released.

    1. Pen-y-gors

      Re:

      No. You misunderstand the principle. Innocent until PROVEN guilty. And potentially faulty breathalysers and blood tests are not proof of guilt until a court says so.

      1. Kit-Fox

        Re: Re:

        No. You misunderstand the principle. Innocent until PROVEN guilty.

        You misunderstand it too, as the legal principle is actually;

        Innocent unless proven guilty

        1. rmv

          Re: Re:

          "the legal principle is actually; Innocent *unless* proven guilty"

          No it's not.

          UN Universal Declaration of Human Rights Article 11, Section 1:

          "Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence."

          1. Anonymous Coward
            Anonymous Coward

            mind your use of language

            Whatever the UN declaration says is not the basis for the legal idea, as the idea that you are innocent unless proven guitly existed an awful long time before the UN or even the league of nations existed.

            and it actually is unless

            by saying *until* you are giving judicaries the right to keep trying you until they get a verdict that they like, think carefully about the language you are employing. Also look up a little legal history ;)

            1. rmv

              Re: mind your use of language

              "and it actually is unless

              by saying *until* you are giving judicaries the right to keep trying you until they get a verdict that they like, think carefully about the language you are employing. Also look up a little legal history ;)"

              Legal History:

              The phrase doesn't appear in English Case Law before it was coined by William Garrow in England in 1791 - using the word "until".

              The phrase used by William Best in "On Presumptions of Law and Fact" in 1845 used the word "until".

              The phrase was first cited in the US Supreme Court in 1894 (Coffin vs. U.S.) and used the word "until".

              The 1948 UN Declaration of Human Rights uses the word "until".

              The 1953 European Convention for the Protection of Human Rights uses the word "until". That right is incorporated into English Law by the 1998 Human Rights Act.

              It is possible that all the lawyers involved in drafting those documents were wrong and you are right, but I've not seen any evidence of it so far.

        2. Smarty Pants

          Re: Re:

          Apologies for using Wiki, but the latin is as below

          The presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat (the burden of proof is on he who declares, not on he who denies), is the principle that one is considered innocent until proven guilty.

      2. John Tserkezis

        Re: Re:

        "No. You misunderstand the principle. Innocent until PROVEN guilty. And potentially faulty breathalysers and blood tests are not proof of guilt until a court says so."

        I'll let you off on a technicality on that one.

        A law(*) is not a law(*) until it's been tested in court.

        (*) Or, perhaps an interpretation of a law, and that would vary depending on the size of your lawyer's wallet.

    2. Lamont Cranston

      I'm all for the naming and shaming of miscreants

      (something for which Twitter is eminently suited), but it'd be polite to at least wait until they've been convicted - naming someone as a "drink driver" when they are charged is probably libellous, not to mention likely to prejudice any trial.

      1. Irongut

        Re: I'm all for the naming and shaming of miscreants

        The defence lawyers should all claim unfair trial and move for dismissal.

        I've no sympathy for drink drivers but the UK Police need to learn that they are not above the law.

    3. Mad Mike

      @Connor

      The funny thing about a civilised society is that everyone is required to follow the law, even the police. Therefore, if the law says this is wrong, it's wrong. Doesn't matter if it's the police or not. There are numerous ways in which someone can be found innocent of drink driving, even after blowing positive. Police procedure incompetently followed is a common one. Technical devices (i.e. speedos, breathalysers etc.etc.) all need regular calibration as set down in law. There are even circumstances when drink driving is actually allowed. I know someone who was found not guilty (even though he admitted being above the limit) of drink driving as he was only driving to escape an attacker!! The court said as he was under attack, he was entitled to try and get away!!

      So, simply being charged with a crime is a million miles from being guilty of the crime. You only have to look at court stats to see how often prosecutions fail. There is no such thing as an open and shut case I'm afraid.

      As to the victims of crime. I totally agree. Victims are generally badly treated, but the way to get round this is to ensure the police, CPS etc. do their jobs properly and effectively, not just to attack everyone charged with an offence. There is a reasonable argument that people should be anonymous until found guilty as people such as yourself use the excuse of 'no smoke without fire' to justify persecuting people on the groups of charges rather than convictions. The classic one is kiddie fiddling. Doesn't matter what the court says, whether the charges are proven (or in some cases laughed out of court), you're tarnished for life and will never get away from it. Men have been charged with rape and had their lives made hell, even though the woman was found to have lied and made the allegation up.

      The law is not perfect, but simply treating everyone charged as guilty is heading towards a Judge Dredd state. Why bother with the court case? After all, they've been charged, they must be guilty!!

      1. mark 63 Silver badge

        Re: @Connor

        ". There are numerous ways in which someone can be found innocent of drink driving, even after blowing positive"

        really? name one.

        (after blowing +ve at the station)

        1. Oz

          Re: @Connor

          Contaminated samples

        2. Mad Mike

          Re: @Connor

          @Mark 63.

          I named several in my posting. Firstly, does the machine have a correct and valid certification certificate? No. Not guilty. Secondly, I know someone who was found not guilty of drink driving as he was attempting to escape an attacked with a hammer. Thirdly, incorrect police procedure? Not guilty. So, there's three, all of which I mentioned before.

          There is no such thing as an 'open and shut case'.

          1. mark 63 Silver badge

            Re: @Connor

            ok , touche , i didnt read your full post

            but "Thirdly, incorrect police procedure? Not guilty."

            I'd call that 'guilty but got away with it due to legal mumbo jumbo'

            1. Mad Mike

              Re: @Connor

              @Mark 63.

              You can call it whatever you like, but it's still a not guilty. Also, police procedure is not necessarily legal mumbo jumbo. Procedure is generally there for a reason. For instance; was the whole procedure of extracting and testing the blood sample witnessed and signed for by two people? This is to try and ensure people aren't 'fitted up'. Not saying non-compliance always means innocent (it may just be a cock up), but the procedure is there to ensure the evidence and evidential chain is good, to try and ensure some of the more dubious practices of the past (think of Met in the 70s) don't occur.

              So, I do agree that sometimes the person is guilty as sin and has got away on a technicality. However, on other occasions, the police procedure (or failure to adhere to it) has saved them from a miscarriage of justice.

              1. Anonymous Coward
                Anonymous Coward

                Re: @Connor

                I would have thought that the risk of police corruption would become greater if you make it automatic for people to be found "not guilty" whenever there's a minor breach of police procedure. Corrupt police officers could easily arrange for some minor rule to be broken in order to keep a friend out of prison. I suspect that this is exactly what happens, on a large scale, in jurisdictions where the rules on "admissible evidence" and the like are applied too strictly and with no common sense.

                1. Havin_it

                  Re: @Connor

                  It's indeed a tall order to prevent those who execute any part of the justice chain from potentially abusing it, but in absence of a perfect system, I must say:

                  "Better a thousand guilty men go free, than one innocent man be punished."

                  That's just how I roll, YMMV

            2. auburnman

              Re: @Connor

              Depends on how incorrect the procedure was. A single missing signature could break the chain of evidence that asserts breathalyser results X were taken from subject Y. The date on a blood sample says 2013 when accused was arrested in 2014? Can you be certain that's a paperwork boo-boo? Certain enough to potentially send someone to prison?

            3. Vic

              Re: @Connor

              > I'd call that 'guilty but got away with it due to legal mumbo jumbo'

              It doesn't matter what you call it - the law calls it "not guilty".

              It's important to ensure guilt is proven, or else there will be very many more miscarriages of justice than there have been...

              Vic.

        3. mmiied

          Re: @Connor

          fauilty equipment.

          bad proceder (they might be guilty but they will be found innocent)

          excuse under the law (nessarcy etc)

          that is 3 I thought of in less than 30secs

        4. kain preacher

          Re: @Connor

          Lets try a thing called alcoholic rise. If you have a short drive (lets say a mile to the bar) you can drive home and not be over the limit. With the for the next hour your bac will continue to rise. Are you following? So if the cop busts you and it takes them longer than 20 minute to get you to the station you will be over. Now you blew over the limit at the station but you were not drunk when you drove home.

        5. Charles Manning

          Re: @Connor

          "found innocent "

          They are very seldom found innocent, but they are often found not guilty.

          The difference is that guilt needs to be determined above a "beyond reasonable doubt" threshold.

          If someone is though most likely guilty, but there is a bit of doubt, then likely they will be found not guilty.

          In general, most cases for drink driving are due to procedural issues allowing a shiny-suited lawyer to have evidence dismissed.

    4. Dodgy Geezer Silver badge

      ..If you've been breathalysed and presumably blood tested it is open and shut anyway...

      On the contrary.

      If I'd been arrested in this way I'd opt for jury trial, and then point out that, with the police advertising my 'guilt', I could not receive a fair hearing.

      Case dismissed.

      1. Trevor Marron

        @ Dodgy Geezer.....

        Jury trial? Really? I am pretty sure you would find it is a summary offence only, so Magistrates Court is the only option for a standard offence. If there aggravating factors or previous offences you could get sent to Crown Court for sentencing, but not trial.

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