Bobby Talalay represents the MPS in a data retention judicial review concerning the Prevent duty

2 October 2020

Bobby, acting for the Commissioner of Police of the Metropolis appeared in the High Court in a judicial review concerning the continued retention of a child’s data held following his referral to the police under the Prevent duty. The case concerned the decision to retain the data and its ongoing retention. A policy challenge had been withdrawn.

The continued retention was found to be a breach of art.8 ECHR and the DPA 2018, but not of the public sector equality duty. The Court held that the initial decision to retain, despite closing the file and taking no further action, had been lawful but that ongoing retention almost five years after the referral with no further risks identified had become unlawful.

The Court also gave helpful commentary on the fragmentary nature of intelligence, particularly in the field of counter-terrorism, and the need to retain information to build up a picture over time as radicalisation is a process and not an event.

A copy of the Judgment can be found online here.

Bobby Talalay was instructed on behalf of the Commissioner of Police of the Metropolis


Robert Talalay

Call 2010


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