UCKAN v. TURKIYE - 67657/17 (Judgment : Article 8 - Right to respect for private and family life : Second Section Committee) French Text [2023] ECHR 350 (18 April 2023)

UCKAN v. TURKIYE - 67657/17 (Judgment : Article 8 - Right to respect for private and family life : Second Section Committee) French Text [2023] ECHR 350 (18 April 2023)

The regime of retaining fingerprints of acquitted persons in police databases, without distinction from convicted persons and without effective possibility of erasure, constitutes a disproportionate interference with the right to respect for private life under Article 8 ECHR and is not necessary in a democratic...

Source-derived case information.

Citation
[2023] ECHR 350
Parties
Applicant: Aytaç Uçkan; Respondent: Republic of Türkiye
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment by Second Section Committee
Outcome
Violation of Article 8 ECHR found; just satisfaction awarded.
Legal Topics
Right to Respect for Private and Family Life, Data Protection, Retention of Biometric Data, Police Powers, Proportionality
Human Rights Law Right to Respect for Private and Family Life Data Protection Retention of Biometric Data Police Powers Proportionality

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Parties

Aytaç Uçkan

Applicant

Republic of Türkiye

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment by Second Section Committee

  1. 1 Whether retention of applicant's fingerprints after acquittal violates Article 8 ECHR

Ratio Decidendi

The regime of retaining fingerprints of acquitted persons in police databases, without distinction from convicted persons and without effective possibility of erasure, constitutes a disproportionate interference with the right to respect for private life under Article 8 ECHR and is not necessary in a democratic society.

Court Disposition

Violation of Article 8 ECHR found; just satisfaction awarded.

Orders

  • Respondent State to pay applicant 2,000 EUR for non-pecuniary damage within three months, plus any tax due.
  • Respondent State to pay applicant 1,000 EUR for costs and expenses within three months, plus any tax due.