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05 November 2009
Issue: 7392 / Categories: Case law , Law reports
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Human rights—Police—Disclosure of information

R (on the application of L) v Metropolitan Police Commissioner (secretary of state for the Home Department and another intervening) [2009] UKSC 3

Supreme Court, Lord Hope (deputy president), Lord Saville, Lord Scott, Lord Brown and Lord Neuberger, 29 October 2009

In determining whether to disclose non-criminal related information retained in police records in connection with an application to work with vulnerable persons, the police have to give due weight to the applicant’s right to respect for her private life, but disclosure will not necessarily breach the applicant’s right, for example if the information is true and relevant, and the recipient is entitled to be apprised of the information.

Stephen Cragg and Charlotte Kilroy (instructed by John Ford Solicitors) for the claimant. Fiona Barton and Matthew Holdcroft (instructed by the Metropolitan Police Directorate of Legal Services) for the defendant. James Eadie QC and Jason Coppel (instructed by the Treasury Solicitor) for the Secretary of State for the Home Department, intervening. Timothy Pitt-Payne (instructed by Liberty) for Liberty, intervening, by written representations.

The claimant obtained a job as a playground assistant. In connection with her employment,

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