XX, R on the application of) v Secretary of State for the Home Department & Ors [2014] EWHC 4106 (Admin) (12 December 2014)

XX, R on the application of) v Secretary of State for the Home Department & Ors [2014] EWHC 4106 (Admin) (12 December 2014)

The statutory and other schemes for the retention and possible disclosure of the claimant's data are in accordance with the law, provide adequate safeguards against arbitrariness, and any interference with Article 8 rights is justified and proportionate. Amendments to the CSOD and MAPPA Guidance comply with the requirements of prior judgments.

Citation
[2014] EWHC 4106 (Admin)
Parties
Claimant: XX; First Defendant: Secretary of State for the Home Department; Second Defendant: Chief Constable of South Yorkshire Police; Third Defendant: Association of Chief Police Officers; Fourth Defendant: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
12 December 2014
Procedural Posture
Judicial Review / Final Judgment at First Instance
Outcome
Claim dismissed
Legal Topics
Retention and Disclosure of Police Data, Article 8 ECHR (right to Private Life), MAPPA Guidance, Child Sex Offender Disclosure Scheme (csod), Management of Police Information (mo Pi), Data Protection Act Compliance, Proportionality and Legality of Police Data Retention, Judicial Review of Administrative Guidance
Public Law Human Rights Law Data Protection Law Criminal Law Retention and Disclosure of Police Data Article 8 ECHR (right to Private Life) MAPPA Guidance Child Sex Offender Disclosure Scheme (csod) +4 more

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Parties

XX

Claimant

Secretary of State for the Home Department

First Defendant

Chief Constable of South Yorkshire Police

Second Defendant

Association of Chief Police Officers

Third Defendant

Secretary of State for Justice

Fourth Defendant

Procedural Posture

Judicial Review / Final Judgment at First Instance

Legal Issues

  1. 1 Whether the police schemes for retention and disclosure of data about the claimant are 'in accordance with the law' under Article 8 ECHR
  2. 2 Whether the schemes are arbitrary or disproportionate
  3. 3 Whether amendments to the CSOD and MAPPA Guidance comply with prior court judgments

Ratio Decidendi

The statutory and other schemes for the retention and possible disclosure of the claimant's data are in accordance with the law, provide adequate safeguards against arbitrariness, and any interference with Article 8 rights is justified and proportionate. Amendments to the CSOD and MAPPA Guidance comply with the requirements of prior judgments.

Court Disposition

Claim dismissed

Orders

  • Claimant's claims dismissed
  • Anonymity order for the claimant continued, with provision for application to vary or discharge