Recent Judicial Decisions
| DOI | 10.1350/pojo.2013.86.1.615 |
| Published date | 01 March 2013 |
| Date | 01 March 2013 |
| Author | Damian Carney,David Wicks |
| Subject Matter | Recent Judicial Decisions |
DAVID WICKS
Legal Correspondent
Email: dcw@3pumpcourt.com
DAMIAN CARNEY
Legal Correspondent
Email: Damian.Carney@port.ac.uk
RECENT JUDICIAL DECISIONS
Retention of information about protester on National
Extremism Database
Catt v Association of Chief Police Officers [2012] EWHC 1471
Queen’s Bench Division (Administrative Court)
30 May 2012
The claimant sought judicial review of ACPO/Metropolitan
Police’s decision to retain data relating to his attendance at
public protests on the National Domestic Extremism Database.
The proceedings were heard by Gross LJ and Irwin J.
Keywords: Public protest; retention of information; priv-
acy; section 7 of the Data Protection Act 1998; section 39 of
the Police Act 1996 ; section 28 of the Police Act 1997; Article
8 of the European Convention on Human Rights; NPIA
Code of Practice Management of Police Information
The facts
The claimant was 87 years old and a person of good character
who regularly attended public protests against a US-owned arms
company operating a factory in Brighton. This long-running
‘Smash EDO’ campaign resulted in protesters harassing
employees of the firm, and they also caused serious criminal
damage as part of the campaign. The claimant was not involved
in any of these unlawful acts but he was regularly photographed
at the protests and a file was opened on him on the National
Domestic Extremism Database which gathered intelligence on
violent protest and protest groups. During the relevant period,
this database was operated sometimes by ACPO and at other
times the Metropolitan Police. The claimant and his daughter,
who also protested against EDO, made subject access requests
under section 7 of the Data Protection Act 1998 and found out
that they were both on the database, with 66 entries on the
The Police Journal, Volume 86 (2013) 83
DOI: 10.1350/pojo.2013.86.1.615
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