header-logo header-logo

Police must destroy photos

27 June 2012
Issue: 7520 / Categories: Legal News
printer mail-detail

Photos of people without criminal records must be disposed of

The police cannot keep photographs of people without criminal records or who are not found guilty, the High Court held last week.

Lord Justice Richards and Mr Justice Kenneth Parker held that it was an unjustifiable breach of a person’s right to a private life to do otherwise, in R (on the application of RMC & FJ) v Commissioner for Police for the Metropolis & Ors [2012] EWHC 1681 (Admin). They dismissed the Metropolitan Police’s argument that keeping photographs of those not convicted was necessary for preventing crime and disorder, and ordered it to revise its guidelines within months.

This may mean the police will need to destroy photographs taken of anyone who has not committed a crime.

RMC was a middle-aged woman of good character who was arrested on suspicion of assaulting a community police officer who stopped her riding her bicycle on a footway. No prosecution was brought.

FJ was arrested at the age of 12 on suspicion of raping his second cousin. Following enquiries, no further action was taken.

Both claimants argued that, once the decision was taken not to proceed, the retention of their photographs was a breach of their Art 8 rights. 

The courts have previously ruled that the police cannot retain DNA or fingerprint data indiscriminately or indefinitely.

John Wadham, general counsel at the Equality and Human Rights Commission, which intervened in the case, says: “Without the protection of our human right to a private life, the police would be able to hold onto your DNA, fingerprints, and photographs even if you’d done nothing wrong.”

Issue: 7520 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll