Scottish Human Rights Law Group

The pursuer, who obtained employment in a kitchen and restaurant at a centre frequented by children, sought to interdict the Chief Constable from disclosing information to his employer third parties to the effect that he had been questioned by police and subsequently charged with offences involving illegal sexual conduct with three young girls. He argued among other grounds, that he was not employed in circumstances in which children were exposed to risk and that informing his employer of the charges which had not yet been determined as he awaited trial on them would constitute a disproportionate and hence unjustifiable interference with his Article 8 right to respect for his privacy.    The Chief Constable countered that there would have been no need to write a letter if the pursuer had sought employment where he was not likely to be involved with young children.

In refusing the application for declarator and interdict and for leave to reclaim the Lord Ordinary held that it was not unreasonable for the Chief Constable in the circumstances to have decided to inform the employer having regard to the material before him which suggested the risks that existed towards other children, provided that the letter made it plain that the information was provided in the strictest confidence and should not be disclosed further and that the employer should contact the local divisional commander first if it felt it was necessary to make any further disclosure to protect any individual.

Full report available here.