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I too read it and equally found it interesting (I had no scotch though). 
 
One word of caution: the first judgement is the longer one and that which I spent therefore more attention on.    Its annoying when it happens, but it happens here, that judgement was the minority opinion!   So those that follow: if you want the full picture read it all.  If you want to know what the law is - ignore the first one!  :-)

From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Chris Brogan
Sent: 27 May 2009 17:53
To: [log in to unmask]
Subject: [data-protection] Retention of photographs by police

I cant remember if it was from this group that I was alerted to this judgement in the Appeal Court; Wood-v-Commissioner of Police, Neutral Citation Number (2009) EWCA Civ 414. It can be found at www.bailii.org/ew/cases/EWCA/Civ/2009/414.html

 

It was decided that the police had breached the human rights of Andrew Wood, an arms trade campaigner, when they photographed him and stored the pictures on a police database.

 

I read this judgement over the weekend and a few glasses of Scotch. It is a gobsmackingly interesting one that I recommend to the group. Despite the fact that statement may say more about me than the judgement I suggest it would be extremely useful for those members that are on the LLM Information Rights course at Northumbria. It deals with Human Rights Act article 8 in great detail and also addresses data protection issues which you don’t often see when privacy issues are being argued. I was also interested in the judges determination of personal information as viewed from a Human Rights perspective compared with Durant’s DPA def.

If HRA is figuring in any of your current course work or essays the references given in this judgement could save you hour’s of research.

The judgement was 2-1 in favour of  Wood which supports a theory that I have had for some time. If these senior judges cannot agree on privacy issues what chance the rest of us, especially those of us who are charged with guiding our fellows through this fog of legal uncertainty?

 

Chris Brogan MA LLM

Managing Director 

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