R (on the app. of Catt) & R (on the app. of T) v Commissioner of Police скачать в хорошем качестве

R (on the app. of Catt) & R (on the app. of T) v Commissioner of Police

[2015] UKSC 9 UKSC 2013/0114 R (on the application of Catt) (AP) (Respondent) v Commissioner of Police of the Metropolis and another (Appellants) On appeal from the Court of Appeal (Civil Division) (England and Wales) UKSC 2013/0112 R (on the application of T) (AP) (Respondent) v Commissioner of Police of the Metropolis (Appellant) UKSC 2013/0112 On appeal from the Court of Appeal (Civil Division) (England and Wales) These appeals considered whether the police’s retention of data or information relating to the respondents was lawful in terms of Article 8 ECHR. In the case of Catt, the police retained on a database information relating to a protest group, including data relating to the respondent protestor. In the case of T, following an allegation of harassment against her, the respondent was issued with a letter by police containing a warning about the offence of harassment. This was retained in police records, and the respondent sought its removal. In the case of Mr Catt, the Supreme Court allows the appeal by a majority of 4-1. Lord Sumption (with whom Lord Neuberger agrees) gives the leading judgment. Lady Hale delivers a concurring judgment agreeing with Lord Sumption and Lord Mance agrees with both Lady Hale and Lord Sumption. Lord Toulson would have dismissed the appeal. In the case of Ms T, the Supreme Court unanimously allows the appeal. Lady Hale and Lord Toulson (with whom Lord Mance agrees) say that the policy was lawful. Lord Sumption (with whom Lord Neuberger agrees) says that the policy was not originally lawful but became so in this case.