AB v British Transport Police

18 February 2022

AB v British Transport Police Manchester CC 28th Jan 2022

HHJ Sephton QC Manchester County Court

Claim by autistic Claimant regarding inaccurate data not kept up to date DPP4. Retained data which did not reflect his neuro divergence was inaccurate and should be deleted. Alternatively it was disproportionate to retain it given the extreme distress suffered by this particular Claimant by reason of its retention 

Somewhat uniquely the Judge decided to make factual findings as to the two incidents for which data was retained which concerned 2 separate allegations of inappropriate touching of a female passenger on a train in order to assess accuracy of data.  He concluded that as there was in fact no sexual motive and in effect no offending the failure to update the summary field and the MO field on the occurrence summary report rendered the data inaccurate. In the event he was wrong, it was held unlawfully pursuant to Article 8 and should be deleted on grounds that the retention was disproportionate. This case is subject to appeal.


Authors

Anne Studd KC

Call 1988 | Silk 2012

Related areas

Police Law

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