Catt, R (on the application of) v The Association of Chief Police Officers of England, Wales and Northern Ireland & Ors [2013] EWCA Civ 192 (14 March 2013)

Catt, R (on the application of) v The Association of Chief Police Officers of England, Wales and Northern Ireland & Ors [2013] EWCA Civ 192 (14 March 2013)

The systematic collection and retention of personal data relating to Mr. Catt on a police database constituted an interference with his Article 8 rights, which was not justified as proportionate in the circumstances, given the limited value of the information and lack of evidence that its retention served a necessary policing purpose. For Ms T, the retention of the harassment warning was also an interference, but the issue became academic as the police agreed to expunge the record.

Citation
[2013] EWCA Civ 192
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 (anonymised); Defendant/respondent: Commissioner of Police of the Metropolis
Jurisdiction
England and Wales
Judgment Date
14 March 2013
Procedural Posture
Judicial Review (joined Appeals) / Court of Appeal (civil Division) Appeal From High Court (administrative Court)
Outcome
Appeal of Mr. Catt allowed; Ms T's appeal academic as relief granted by police.
Legal Topics
Article 8 ECHR (right to Respect for Private Life), Police Retention of Personal Data, Proportionality, Legality of Police Databases, Judicial Review of Police Actions
Human Rights Law Police Law Data Protection Article 8 ECHR (right to Respect for Private Life) Police Retention of Personal Data Proportionality Legality of Police Databases Judicial Review of Police Actions

Case Brief

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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 (anonymised)

Claimant/appellant

Commissioner of Police of the Metropolis

Defendant/respondent

Procedural Posture

Judicial Review (joined Appeals) / Court of Appeal (civil Division) Appeal From High Court (administrative Court)

Legal Issues

  1. 1 Whether police collection and retention of personal data on protestors and recipients of harassment warnings infringes Article 8 ECHR
  2. 2 Whether such interference is justified under Article 8(2) ECHR (legality, legitimate aim, proportionality)

Ratio Decidendi

The systematic collection and retention of personal data relating to Mr. Catt on a police database constituted an interference with his Article 8 rights, which was not justified as proportionate in the circumstances, given the limited value of the information and lack of evidence that its retention served a necessary policing purpose. For Ms T, the retention of the harassment warning was also an interference, but the issue became academic as the police agreed to expunge the record.

Court Disposition

Appeal of Mr. Catt allowed; Ms T's appeal academic as relief granted by police.

Orders

  • Police required to remove references to Mr. Catt from the national database.
  • No further order necessary in Ms T's case as records were expunged.