(Grand Chamber) The court commented that ‘in determining whether the personal information retained by the authorities involves any of the private-life aspects mentioned above, the court will have due regard to the specific context in which the information at issue has been recorded and retained, the nature of the records, the way in which these records are used and processed and the results that may be obtained.’
Save in exceptional circumstances, the retention by the police of DNA samples and fingerprints taken from persons who were suspected but never convicted of a criminal offence represented an interference with their article 8 rights.
Jean-Paul Costa, P
(2008) 48 EHRR 1169, 30562/04, 30566/04, 25 BHRC 557, [2008] ECHR 1581, 48 EHRR 50, [2009] Crim LR 355
Bailii
European Convention on Huma Rights 8
England and Wales
Cited by:
Cited – AB v Her Majesty’s Advocate SC 5-Apr-2017
This appeal is concerned with a challenge to the legality of legislation of the Scottish Parliament which deprives a person, A, who is accused of sexual activity with an under-aged person, B, of the defence that he or she reasonably believed that B . .
Cited – Gallagher for Judicial Review (NI) SC 30-Jan-2019
Disclosure of older minor offences to employers 48 . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Police, Information
Updated: 02 January 2022; Ref: scu.640835