No, it's not right, the police can request (and be given within minutes) the numbers dialled and the location to within 3.5 metres (allowing either an arrest or surveillance).
It isn't data protection. They wouldn't tell you or the CID chap because of data pro. But theycan tell the account holder. Some mobile phone companies won't give you 'unbilled' information as it is sometimes inaccurate. But that is their policy and nothing to do with data pro.
Even if you get the phone barred the phone will have a record of the calls made.
Your father will be liable for ANY calls made prior to the phone being barred so I would suggest it is barred immediately.
Hth.
The Data Protection Act protects people's identity and other specific data about them. Including, but not limited to, financial details, work details and medical/family history.
There are specific exceptions - including the person being dead, and where withholding the information would prevent or obstruct a legal process such as criminal investigation or tax investigation.
Equally a person can demand any and all information being held about them (for a nominal fee of no more than £10 total) but exceptions are made for information, again, pertaining to criminal/tax investigations or investigations (of for instance fraud) within your place of employment.
Data can only be collected and held in the first place if :
a) it for a specific, identified, purpose.
b) Is held securely,
c) where no more than necessary people can access it (and that DOESN'T mean the whole of the HR department either).
d) no more is held than necessary for the identified purpose.
e) it is held for no longer than necessary to the identified purpose.
In this situation - your father has every roght to demand every number dialled from his phone (before you reported it at least). And the police have exactly the same right - in their case the information should be immediately provided.
(Guess who had their mandatory DPA course a couple of weeks ago LOL)
For the mobile phone company I used to contract for there was a specific unit at their head office who could verify requests for data from the police and provide responses, but front line staff were told to flatbat all such requests and advise police officers to contact their force's own team who deal with such issues. The reasoning was that if the front line staff give out the number of the police only team then all sorts of numpties would get hold of it and make a nuisance of themselves.
DPA matters in this case, but so does RIPA. Even if you get the numbers called, will someone seek RIPA authorization to get the phone companies to disclose whose phones they are? And if you do get those details, after all the paperwork, will it tell you anything to know that tealeaves phone Domino's Pizza and their local taxi firm? Actually, if you can then get further authorization, you might be able to ask Domino's to disclose all their records, and find out who had a pizza delivered that night; that's only fifty or so addresses that might or might not be crime linked... Same for the taxi company and...
It's shit, because the police officer's calculation that the chances of getting a result aren't sufficient to do the work must fell horrible for the victims, but the logic is inexorable. Burglars get caught because they're idiots, and they talk, or their spurned girlfriend grasses them up, or they sell something to the wrong person, or...
Hope your mum and dad are well Kaz...
The Data Protection Act can be one of a number of excuses organisations make for something else. On a personal note, I choose to have "Pay as You Go", as I don't use a mobile that much and I would live in dread of this happening if I had a credit account.
Plim :sad: