Ali & Anor R (on the application of) v Minister for the Cabinet Office the Statistics Board

Ali & Anor R (on the application of) v Minister for the Cabinet Office the Statistics Board

Section 39(4)(f) of the Statistics and Registration Service Act 2007, when read together with the Data Protection Act 1998, the Human Rights Act 1998, and the Board’s published policy and operational procedures, provides a sufficiently clear, accessible, and predictable legal regime to satisfy the requirements of Article 8(2) ECHR. The Board’s policy to refuse disclosure except by court order, and the statutory safeguards and remedies, ensure that any interference with private life is proportionate and in accordance with the law. The challenge based on incompatibility with Directive 95/46 fails because the Directive does not apply to criminal law activities, and in any event, the DPA 1998...

Parties
First Claimant: Mohammed Ali; Second Claimant: SJ; First Defendant: Minister for the Cabinet Office; Second Defendant: The Statistics Board
Jurisdiction
England and Wales
Judgment Date
13 July 2012
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Article 8 ECHR, Data Protection Act 1998, Statistics and Registration Service Act 2007, Disclosure of Personal Data, Compatibility With EU Directive 95/46, Judicial Review of Statutory Provisions
Constitutional Law Human Rights Law Data Protection Law Article 8 ECHR Data Protection Act 1998 Statistics and Registration Service Act 2007 Disclosure of Personal Data Compatibility With EU Directive 95/46 +1 more

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Parties

Mohammed Ali

First Claimant

SJ

Second Claimant

Minister for the Cabinet Office

First Defendant

The Statistics Board

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether section 39(4)(f) of the Statistics and Registration Service Act 2007 is incompatible with Article 8 of the European Convention on Human Rights
  2. 2 Whether section 39(4)(f) is incompatible with EU Council Directive 95/46 (Data Protection Directive)
  3. 3 Whether the legal regime provides sufficient safeguards and clarity to satisfy the requirement of legality under Article 8(2) ECHR

Ratio Decidendi

Section 39(4)(f) of the Statistics and Registration Service Act 2007, when read together with the Data Protection Act 1998, the Human Rights Act 1998, and the Board’s published policy and operational procedures, provides a sufficiently clear, accessible, and predictable legal regime to satisfy the requirements of Article 8(2) ECHR. The Board’s policy to refuse disclosure except by court order, and the statutory safeguards and remedies, ensure that any interference with private life is proportionate and in accordance with the law. The challenge based on incompatibility with Directive 95/46 fails because the Directive does not apply to criminal law activities, and in any event, the DPA 1998...

Court Disposition

Claim dismissed