The claimant sought judicial review of the refusal by the Police Service of Northern Ireland to remove records of his fingerprint, a photograph and DNA sample and profiles which had been collected when he was stopped on suspicion of driving wih excess alcohol. Though later convicted, he said that the retention of these items was disproportionate.
Held: Girvan LJ noted that the Strasbourg analysis in S and Marper proceeded along the course of determining whether the interference with the individual’s article 8 rights was (a) in accordance with law, (b) pursued a legitimate aim and (c) was necessary in a democratic society. He added that question (c) involved the issue whether the retention was proportionate and struck a fair balance between the competing public and private interests. Having regard to the limited grounds upon which leave was granted, the focus of the appellant’s case was on the question of necessity and proportionality, and there was clearly a statutory power to retain the data and that the focus must be upon the proportionality of indefinite retention.
Judges:
Higgins LJ Girvan LJ and Coghlin LJ
Citations:
[2012] NIQB 88, [2014] NI 1
Links:
Statutes:
European Convention on Human Rights 8
Jurisdiction:
Northern Ireland
Citing:
Cited – Marper v United Kingdom; S v United Kingdom ECHR 4-Dec-2008
(Grand Chamber) The applicants complained that on being arrested on suspicion of offences, samples of their DNA had been taken, but then despite being released without conviction, the samples had retained on the Police database.
Held: . .
Cited by:
Appeal from – Gaughran v Chief Constable of The Police Service of Northern Ireland (Northern Ireland) SC 13-May-2015
The court was asked as to to the right of the Police Service of Northern Ireland to retain personal information and data lawfully obtained from the appellant following his arrest for the offence of driving with excess alcohol.
Held: The appeal . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Police
Updated: 09 November 2022; Ref: scu.466483