TD, R (on the application of) v The Commissioner of Police for the Metropolis & Anor

TD, R (on the application of) v The Commissioner of Police for the Metropolis & Anor

Retention of the records for nine years is justified given restricted access and potential police use, but policy must provide for review; deletion is premature.

Parties
Claimant: TD; 1st Defendant: Commissioner of Police for the Metropolis; 2nd Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
25 July 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application refused
Legal Topics
Retention of Police Records, Article 8 ECHR, Review of Police Information, Data Protection Principles
Human Rights Administrative Law Data Protection Retention of Police Records Article 8 ECHR Review of Police Information Data Protection Principles

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Parties

TD

Claimant

Commissioner of Police for the Metropolis

1st Defendant

Secretary of State for the Home Department

2nd Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether retention of police records relating to an unfounded allegation constitutes disproportionate interference with Article 8 rights
  2. 2 Whether police policy on retention requires provision for review

Ratio Decidendi

Retention of the records for nine years is justified given restricted access and potential police use, but policy must provide for review; deletion is premature.

Court Disposition

Application refused