The Queen on the application of II (by his mother and Litigation Friend, NK) – Court Ruling (United Kingdom, 2020)

Court Ruling
DPA EWHC16 July 2020United Kingdom
final
Court Ruling

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

The UK High Court found that the police unlawfully kept a 16-year-old's personal data after a misunderstanding about his behavior. Despite requests to delete the data, it remained on multiple databases. This case emphasizes the importance of respecting privacy rights and proper data handling.

What happened

The Metropolitan Police unlawfully retained a 16-year-old boy's personal data after a misunderstanding about his behavior.

Who was affected

A 16-year-old boy whose personal data was retained by the Metropolitan Police.

What the authority found

The UK High Court ruled that retaining the boy's data violated privacy rights under the ECHR and the UK Data Protection Act.

Why this matters

This decision highlights the need for authorities to carefully manage personal data and respect privacy rights, especially when initial concerns prove unfounded. It serves as a reminder of the legal obligations under data protection laws.

National Law Articles

Article 8 ECHR
Section 35 UK DPA
Section 37 UK DPA
Section 39 UK DPA
Decision AuthorityEWHC
Full Legal Summary
Detailed

The Claimant in the case is a 16-year-old boy. In December 2015, when he was 11 years old, an online tutor raised certain concerns about his alleged behaviour with the Department for Education. More specifically, on 22 February 2016, the Department for Education's Due Diligence and Counter Extremism Group raised a concern with Counter Terrorism Command of the Metropolitan Police regarding a "radicalisation risk to a pupil" at a school in East London ("the Claimant's former school"). This was a referral pursuant to the Government's "Prevent Strategy", the aim of which is to stop people becoming terrorists or supporting terrorism. In the briefing note, the boy's tutor raised concerns because of the boy's statements about America being evil, obsession with killing the PM, and liking Game of Thrones because of the beheadings. The risk was assessed as being low, and "no concerns or potential concerns were identified". The authorities further noted that "the concerns expressed by the source appear to be a misunderstanding". Despite deletion requests from the Claimant and his mother, the boy's personal data was still retained on ten databases of the authorities. Was the personal data retention by the Metropolitan Police lawful under the ECHR and the 2018 UK Data Protection Act? The UK High Court held that the continued retention of the Claimant's personal data is in breach of Article 8 of the ECHR, as well as Sections 35 and 39 of the Data Protection Act.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for The Queen on the application of II (by his mother and Litigation Friend, NK) in UK

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

16 July 2020

Authority

DPA EWHC

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. The Queen on the application of II (by his mother and Litigation Friend, NK) - United Kingdom (2020). Retrieved from cookiefines.eu

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