01 Feb Violation of the right to privacy regarding the protection of sensitive personal data

The European Court of Human Rights held, unanimously, that there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights in the case of Catt v. the United Kingdom (application no. 43514/15, 24.01.2019).

The case concerned the applicant’s complaint about the collection and retention of his personal data in a police database. In particular, the applicant made a request to the police under the Data Protection Act 1998 for any information being held about him. The information was held in a police database concerning “domestic extremism”. The entries usually recorded his name, presence at an event, date of birth, address, and sometimes his appearance. In August 2010 the applicant asked the Association of Chief Police Officers (“ACPO”) to delete the entries which mentioned him, but ACPO declined to do so.

Relying on Article 8 (right to respect for private and family life, the home, and the correspondence), Mr Catt complained about the police’s retention of his personal data

The Court found in particular that the data held on the applicant concerned his political views and that such information required particular protection. The Court also had regard to Mr Catt’s age, (he is now 94), and the fact he had no history or prospect of committing acts of violence. While collecting the information on him had been justified, retaining it had not, particularly owing to a lack of safeguards, such as time-limits. There had therefore been a violation of the Convention.

References from the offical website of the European Court of Human Rights