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Equality Act 2010: Guidance (2015)

The Equality Act 2010 replaced previous anti-discrimination laws with a single Act. It protected people from discrimination, age discrimination and public sector Equality Duty, sets out the different ways in which the maltreatment of an individual can be unlawful.

The Equality Act 2010 provides a basic framework of protection against direct and indirect discrimination, harassment and victimisation in services and public functions, work, education, associations and transport, protection against indirect discrimination to disability, allowing claims for direct gender pay discrimination where there is no actual comparator and much more.

Before the Act came into force there were several pieces of legislation to cover discrimination, including:

  • Sex Discrimination Act 1975

  • Race Relations Act 1976

  • Disability Discrimination Act 1995

Complaints made about unlawful treatment, that happened after the 1st October 2010, the Equality Act will apply. However if was before this date, then the legislation that was in force at the time will apply.

The Equality Act 2010 includes provisions that ban age discrimination against adults in the provision of services and public functions. It also includes the public sector Equality Duty public bodies have to consider all individuals when carrying out their day-to-day work – in shaping policy, in delivering services and in relation to their own employees.

Published 01/01/2015
Authoring body: Government Equalities Office
Policy
Resource
Regulation of Investigatory Powers Act 2000 (RIPA)

The regulation of Investigatory Powers Act 2000 relates to the interception, acquisition and disclosure of data relating to communications, the carrying out of surveillance, the use of covert human intelligence sources and the acquisition of the means by which electronic data protected by encryption or passwords may be decrypted or accessed.

There are three main ways of surveillance and covert human intelligence

  1. direct surveillance

  2. intrusive surveillance

  3. use of covert human intelligence sources

Non-intrusive covert surveillance can be undertaken for a specific investigation, operation or purpose. Its result is to obtain private information about a person (whether or not one specifically identified for the purposes of the investigation or operation)

Intrusive surveillance is carried out either in a residential premises or private vehicle; and involves the presence of an individual on the premises or in the vehicle or is carried out by means of a surveillance device.

Human intelligence source is inducing, asking or assisting a person to obtain information by means of the conduct of such a source. This is achieved by establishing a personal or other relationship with a person for the covert purpose and covertly discloses information obtained by the use of such a relationship, or as a consequence of the existence of such a relationship.

Published 01/01/2000
Authoring body: Her Majesty’s Stationery Office (HMSO)
Principles
Resource
Criminal Procedure & Investigations Act 1996 Code of Practice

The Criminal Procedure and Investigations Code of Practice applies in respect of criminal investigations conducted by police. A criminal investigation can be defined an investigation conducted by police officers with a view to it being ascertained whether a person should be charged with an offence, or whether a person charged with an offence is guilty of it. 

This document sets out the manner in which police officers are to record, retain and reveal to the prosecutor material obtained in a criminal investigation.

The roles and responsibilities within a criminal investigation can vary. The functions of the investigator, the officer in charge of an investigation and the disclosure officer are separate. The amount of persons attached to this case to fulfil the above roles will depend on the complexity of the case and the administrative arrangements within each police force. Commonly, where there are more than one person undertaking the roles, close consultation between them is essential to the effective performance of the duties imposed by this code. 


Persons other than police officers who are charged with the duty of conducting an investigation as defined in the Act are to have regard to the relevant provisions of the code, and should take these into account in applying their own operating procedures. 


Published 01/01/2015
Authoring body: Ministry of Justice (MoJ)
Standards
Resource
DNA and Fingerprint Provisions

Protection of Freedoms Act 2012: DNA and fingerprint provisions was introduced in October 2013 to cover the retention of DNA and fingerprints where it was ruled in the European Court in the case of S and Marper v UK that the blanket retention of DNA profiles taken from innocent people posed a disproportionate interference with the right to private life.

The protection of Freedoms Act strikes a balance between protecting the freedoms of those who are innocent of any offence whilst ensuring that the police continue to have the capability to protect the public and bring criminals to justice. 

A DNA sample is an individual’s biological material, containing all of their genetic information. The act requires all DNA samples to be destroyed within 6 months of being taken. This allows sufficient time for the sample to be analysed. The only exception to this is if the sample is required for use as evidence in court, in which case it may be retained for the duration of the proceedings.

Fingerprints are usually scanned electronically from the individual in custody and the images stored on IDENT1, the national fingerprint database.

For Scotland, the legal acquisition, retention, weeding and use of DNA and Fingerprint data is outlined in Sections 18 to 19C of the Criminal Procedure (Scotland) Act 1995 - https://www.legislation.gov.uk/ukpga/1995/46/part/II/crossheading/prints-and-samples

Published 01/01/2019
Authoring body: Home Office
Policy
Resource
Website and application accessibility regulations and guidance

Public sector organisations need to think about accessibility at every stage and ensure they meet the Web Content Accessibility Guidelines (WCAG 2.1) design principles. The Public Sector Bodies (Websites and Mobile Applications) Accessibility Regulations 2018 are now active and applicable to all public sector organisations, including policing, and this guidance has been created to support organisations meeting the requirements for all new and existing websites or applications.

The guidance is split into several sections:

1. Decide how to check the accessibility problems on your website or mobile app
2. Make a plan to fix any accessibility problems
3. Publish your accessibility statement
4. Make sure new features are accessible

The main theme throughout is that accessibility should be considered on how people with impairments to their sight, hearing, movement, memory or thinking may use the website/app. Regular tests should be carried out from the point code writing even through the public beta stage and at every time a new feature is added.

The best way to meet accessibility requirements is to:

  • think about accessibility requirements from the commencement

  • run accessibility tests regularly throughout development

  • get a formal accessibility audit before you go into public beta

  • make sure the service works with the most common assistive technologies - screen readers or speech recognition software

  • test the service with disabled users and with older users

Legislation link: https://www.legislation.gov.uk/uksi/2018/852/contents/made

Published 01/01/2019
Authoring body: Government Digital Services (GDS)
Guidance
Resource
Cyber System Management Standard v1.0

This standard defines the requirements which, when applied, will assist with the secure management of systems and networks.
This standard adheres to the National Policing Community Security Policy Framework and is a suitable reference for community members, notably those who build and implement IT systems on behalf of national policing.
This standard adheres to the National Policing Community Security Policy Framework and is a suitable reference for community members, notably those who build and implement IT systems on behalf of national policing.

Published 01/01/2024
Authoring body: Police Digital Service (PDS)
Standards
Resource
NCSP Overseas IT Access Guidelines v1.1

This guidance describes best practice risk management controls for accessing Policing ICT resources whilst abroad. It also describes the circumstances when forces can make a local decision or when referral to NSIRO is required when use abroad is required.

Published 01/05/2024
Authoring body: Police Digital Service (PDS)
Principles
Resource
Information Compliance using Microsoft Purview Cyber Guideline

This guidance describes best practice for monitoring, auditing and assuring  the Office 365 tenancy minimise the risk to policing information within the Microsoft 365 service.

Published 01/03/2024
Authoring body: Police Digital Service (PDS)
Guidance
Resource
Bluetooth General Guidance (v1.1)

Guidance on the risk-based approach to using Bluetooth enabled technology within the policing environment, including examples. This guide does not cover all use cases and for advice on exemptions for specific use cases, the NPIRMT team should be approached to provide a bespoke risk assessment.

 

 

Published 02/02/2017
Authoring body: National Policing Information Risk Management Team (NPIRMT)
Guidance
Resource
NCSP Bluetooth Guidance v1.6

This guidance provides policing and law enforcement organisations with relevant information regarding risks associated with deploying Bluetooth technology within the workplace, and to enhance the risk-based decisions required in the use of such technology.

Published 01/04/2024
Authoring body: Police Digital Service
Guidance