Catt, R (on the application of) v The Association of Chief Police Officers of England, Wales and Northern Ireland & Ors

Catt, R (on the application of) v The Association of Chief Police Officers of England, Wales and Northern Ireland & Ors

Police retention of personal information relating to Mr. Catt and Ms T constituted an interference with their Article 8 rights to respect for private life; such interference was not justified as proportionate, given the lack of evidence of necessity and excessive retention periods; appeals allowed.

Parties
Claimant/appellant: John Oldroyd Catt; Defendant/respondent: The Association of Chief Police Officers of England, Wales and Northern Ireland; Defendant/respondent: The Commissioner of Police of the Metropolis; Intervener: Equality and Human Rights Commission; Intervener: Liberty; Intervener: Secretary of State for the Home Department; Claimant/appellant: T
Jurisdiction
England and Wales
Judgment Date
14 March 2013
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeals allowed
Legal Topics
Article 8 ECHR, Police Powers, Retention of Personal Data, Proportionality, Legality, Data Protection Act 1998, Protection From Harassment Act 1997
Constitutional Law Human Rights Law Administrative Law Data Protection Article 8 ECHR Police Powers Retention of Personal Data Proportionality +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

John Oldroyd Catt

Claimant/appellant

The Association of Chief Police Officers of England, Wales and Northern Ireland

Defendant/respondent

The Commissioner of Police of the Metropolis

Defendant/respondent

Equality and Human Rights Commission

Intervener

Liberty

Intervener

Secretary of State for the Home Department

Intervener

T

Claimant/appellant

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether police collection and retention of personal information infringes Article 8 ECHR rights to respect for private life
  2. 2 Whether such interference is justified under Article 8(2)
  3. 3 Whether the retention of warning letters and related records is lawful and proportionate

Ratio Decidendi

Police retention of personal information relating to Mr. Catt and Ms T constituted an interference with their Article 8 rights to respect for private life; such interference was not justified as proportionate, given the lack of evidence of necessity and excessive retention periods; appeals allowed.

Court Disposition

Appeals allowed

Orders

  • Police to remove references to Mr. Catt from the national database
  • Police to destroy and remove records relating to Ms T's warning letter