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Applying the ABI / ACPO MOU Guidelines - another hurdle to the release of information and the investigation of suspected fraud.     June 2006

It appears that the Guidelines on the exchange of information between the Police and  Insurance Companies / Loss Adjusters’ can be subject to modification by some constabularies. 

1. This MOU is intended to deal with requests for information from Insurers and Loss Adjusters involving property crime, although they could be applied to other crime categories.
2. The ABI, insurance companies and loss adjusters are included in the standard notifications made by Police Forces under the Data Protection Act.
3. Applications for information made by Insurance Companies and Loss Adjusters in this category will not breach the Data Protection Act 1998 due to the Section 29(3) exemption.
4. This Note refers to "insurers" but the term should be read as including loss adjusters acting on behalf of insurers.
5. Loss adjusters will need to confirm to the Police that they are requesting information as an appointed agent of a named insurer who appears on the list at Appendix A to the Guidelines.

However, some constabularies are not content to accept Appendix E applications from Loss Adjusters who 'confirm' they are requesting information as an appointed agent of a named insurer but, after 4 years of the MOU operating relatively smoothly, have decided to add a further hurdle - the Loss Adjuster's application must be endorsed by the insurer client.  Just another unnecessary complication that will add time to the release of data (already slow in some cases) and cause Insurers to be under greater pressure from an insured whilst they wait for the police information.

Constabularies can release information to the police (see 2 above).  s29(3) of the data Protection Act 1998, formerly s28(3) of the 1984 DPA should be well known to the police; this enabling section provides the facility to release information irrespective of the MOU. 

	Just what has caused some Constabularies to raise this further issue?
	why does the situation not apply to Appendix B applications?

We fear the constabularies now view the MOU as a money making exercise and refer you to our comments about Leicestershire Constabulary (May 2006): the scheme has to be 'resourced'.
 

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