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Wood v Commissioner of Police for the Metropolis
May 23, 2009 | No CommentsThe appellant appealed against a decision that the taking and retention of photographs of him by the police was not a breach of his rights under the ECHR, art 8. Appeal allowed. The interference with the appellant’s art 8 right to a private life constituted by the retention of the photographs was not justified pursuant to art 8(2). The police’s justification for retaining the photographs for more than a few days after the meeting did not bear scrutiny. Once it had become clear that the appellant had not committed any offence at the meeting there was no reasonable basis for fearing that, if he went to the trade fair, he might commit an offence there. It was for the police to justify as proportionate the interference with the appellant’s art 8 rights and they had failed to do so.
[2009] EWCA Civ 414
Full report: Wood v Commissioner of the Metropolis (114)
Art. 08 Right to Private and Family Life, Police Law
