The Protection of Freedoms Act 2012 (Relevant Official Records) (Amendment) Order 2026

The Explanatory Memorandum states that the amendment provides clarity for data controllers by ensuring the definition of "relevant official records" applies to new automatic pardon schemes as well as the existing application-based scheme.

The department reports that the change ensures consistency across the statutory disregard and pardon provisions in the Protection of Freedoms Act 2012, the Policing and Crime Act 2017, and the Crime and Policing Act 2026.

Proponents argue that by removing the specific link to the application process, the order enables organizations to identify and manage records for automatic schemes related to historical prostitution and abortion offences.

The Home Office states that the measure was developed in consultation with a working group of relevant data controllers who agreed on the processes for making deletions from official records.

Legal scholars might note that while the amendment clarifies definitions, it does not address the practical difficulties data controllers may face in identifying historical records for automatic deletion without an application to trigger the search.

Civil liberties organizations may express concern regarding the delay in commencement, as the Explanatory Memorandum indicates the timing for the underlying pardon schemes is still under consideration.

Affected parties might question the effectiveness of automatic pardons if the lack of an application process leads to records being missed by data controllers during the identification phase.