XX, R on the application of) v Secretary of State for the Home Department & Ors

XX, R on the application of) v Secretary of State for the Home Department & Ors

The statutory and non-statutory schemes for the retention and possible disclosure of the claimant's data by the police are in accordance with the law, provide adequate safeguards against arbitrariness, and any interference with Article 8 rights is justified and proportionate. The amendments to the CSOD scheme and MAPPA Guidance comply with the requirements set out in R(X).

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 / Judgment
Outcome
Claim dismissed
Legal Topics
Retention and Disclosure of Police Data, Article 8 ECHR (right to Private Life), Data Protection Act Compliance, MAPPA Guidance, CSOD Scheme, Police National Computer, Proportionality and Legality of Interference With Rights
Constitutional Law Criminal Law Human Rights Law Data Protection Law Retention and Disclosure of Police Data Article 8 ECHR (right to Private Life) Data Protection Act Compliance MAPPA Guidance +3 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 / Judgment

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 interference with the claimant's Article 8 rights is justified and proportionate
  3. 3 Whether the CSOD scheme and MAPPA Guidance comply with previous court judgments, specifically R(X)

Ratio Decidendi

The statutory and non-statutory schemes for the retention and possible disclosure of the claimant's data by the police are in accordance with the law, provide adequate safeguards against arbitrariness, and any interference with Article 8 rights is justified and proportionate. The amendments to the CSOD scheme and MAPPA Guidance comply with the requirements set out in R(X).

Court Disposition

Claim dismissed

Orders

  • The claimant's claims are dismissed.
  • The anonymity order for the claimant is continued, subject to applications to vary or discharge on notice to the claimant's solicitors.