Trushin v National Crime Agency

Trushin v National Crime Agency

The claim raises complex issues regarding the lawfulness of processing personal data of a refugee by the NCA/SOCA, including statutory exemptions and Article 8 rights. There is a compelling reason for trial to investigate whether the NCA has adequately assessed risks and complied with its obligations. The grounds for striking out or summary judgment are not made out.

Parties
Claimant/respondent: Mikhael Anatolyevich Trushin; Defendant/applicant: National Crime Agency
Jurisdiction
England and Wales
Judgment Date
29 October 2014
Procedural Posture
Judicial Review / Application for Strike Out And/or Summary Judgment
Outcome
Defendant's applications for strike out and summary judgment dismissed.
Legal Topics
Processing of Personal Data, Refugee Status, Article 8 ECHR, Data Protection Act 1998, Crime and Courts Act 2013, Interpol Red Notices
Data Protection Human Rights Administrative Law Processing of Personal Data Refugee Status Article 8 ECHR Data Protection Act 1998 Crime and Courts Act 2013 +1 more

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Parties

Mikhael Anatolyevich Trushin

Claimant/respondent

National Crime Agency

Defendant/applicant

Procedural Posture

Judicial Review / Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether processing of claimant's personal and sensitive data by NCA/SOCA is unlawful given refugee status
  2. 2 Whether claimant is entitled to compensation and orders to rectify, block, erase, or destroy personal data
  3. 3 Whether NCA's statutory obligations override claimant's Article 8 rights

Ratio Decidendi

The claim raises complex issues regarding the lawfulness of processing personal data of a refugee by the NCA/SOCA, including statutory exemptions and Article 8 rights. There is a compelling reason for trial to investigate whether the NCA has adequately assessed risks and complied with its obligations. The grounds for striking out or summary judgment are not made out.

Court Disposition

Defendant's applications for strike out and summary judgment dismissed.

Orders

  • Claim proceeds to trial.