Lin and Another v Commissioner of Police for The Metropolis: QBD 25 Aug 2015

The claimants were facing capital charges in Thailand. They sought the release of information held by the defendant to assist in their defence on charges of the murder of two British tourists. In particular a report had been prepared by the MPS about the investigation in Thailand after doubts about the investigation. The MPS aid that releasing the report would undermine international co-operation between police forces.
Held: The issue came down to whther the defendant had a right to refuse access. The defendant had correctly applied section 29, and the application was refused. It appeared that there was in fact nothing in the report (viewed as it was from a distance) which would provide assistance to the defendants, and ‘the objections to disclosure raised by the MPS to defeat the application are valid and, on the facts of the case, suffice to outweigh the claimants’ otherwise strong interest in access.’

Judges:

Green J

Citations:

[2015] EWHC 2484 (QB)

Links:

Bailii

Statutes:

Data Protection Act 1998 7(9) 29, Directive 95/46/EC

Jurisdiction:

England and Wales

Cited by:

CitedElgizouli v Secretary of State for The Home Department SC 25-Mar-2020
Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The . .
Lists of cited by and citing cases may be incomplete.

Information, Criminal Practice

Updated: 07 August 2022; Ref: scu.551515