Protection of Freedoms Act 2012

The Protection of Freedoms Act 2012 (PoFA) is a UK law that strengthens civil liberties by restricting the power of the state in areas such as surveillance, data retention, and detention. It received Royal Assent on May 1, 2012, and was designed to reduce the government's intrusion into citizens' lives. The Protection of Freedoms Bill it was introduced in February 2011 by the Home Secretary, Theresa May. The bill was sponsored by the Home Office. On Tuesday, 1 May 2012, the Protection of Freedoms Bill completed its passage through Parliament and received royal assent. 

Key provisions of the Act

Data retention and biometrics

• Destruction of DNA and fingerprints: PoFA introduced new rules for how long the police can retain fingerprints and DNA profiles. Biometric data from individuals who are arrested but not convicted must generally be destroyed, with specific rules and timelines for retention in certain cases involving serious crimes.

• Biometric information in schools: The Act requires schools to obtain a parent's written consent before processing a child's biometric information, such as fingerprints or iris scans, for systems like library checkouts or lunch payments. Children also have the right to refuse to have their information processed regardless of parental consent. 

Surveillance and investigatory powers

• Surveillance camera regulation: A new code of practice and a Surveillance Camera Commissioner were established to regulate the use of CCTV and other surveillance systems, particularly those monitoring public spaces. This aims to ensure that surveillance is transparent, proportionate, and used for legitimate aims.

• Regulation of Investigatory Powers Act (RIPA): The Act introduced judicial approval for certain surveillance powers used by local authorities under RIPA, adding another layer of oversight to protect against misuse. 

Counter-terrorism powers

• Reduction in detention period: PoFA reduced the maximum pre-charge detention period for terrorist suspects from 28 to 14 days, a significant rebalancing of security and individual liberty.

• Changes to stop and search: It repealed certain stop and search powers under the Terrorism Act 2000, replacing them with a more limited set of powers and creating a related code of practice. 

Parking and property enforcement

• Ban on private wheel-clamping: The Act banned the clamping and towing of vehicles on private land without lawful authority in England and Wales.

• Keeper liability for parking charges: To balance the clamping ban, the Act created a framework that allows private landowners and parking companies to pursue the registered keeper of a vehicle for unpaid parking charges, provided they follow strict procedures. 

Criminal justice and safeguarding

• Safeguarding reforms: PoFA made changes to the criminal records and vetting and barring regimes, including the creation of the Disclosure and Barring Service (DBS) by merging the Independent Safeguarding Authority and the Criminal Records Bureau.

• Decriminalised convictions: The Act introduced a process for individuals convicted of historical consensual homosexual offences, which have since been decriminalised, to apply to have their convictions or cautions disregarded.

• Stalking: It introduced new criminal offences for stalking, under the Protection from Harassment Act 1997, to protect victims from this persistent form of harassment. 

Freedom of information

• Datasets: The Act required public authorities to release datasets under the Freedom of Information Act 2000 in a reusable format, increasing public access to information.