The Weekly Law Reports
[2009] 3 WLR 1056
Supreme Court
Regina (L) v Commissioner of Police of the Metropolis (Secretary of State for the Home Department and another intervening)
[2009] UKSC 3
2009 July 13,
14;
Oct 29
Oct 29
Lord Hope of Craighead DPSC, Lord Saville of Newdigate JSC, Lord Scott of Foscote, Lord Brown of Eaton-under-Heywood JSC, Lord Neuberger of Abbotsbury MR
Confidential information— Disclosure— Police— Enhanced criminal record certificate— Duty of chief officer of police to disclose information he considered ought to be included in certificate because relevant for purpose of exempted question asked in course of considering applicant’s suitability for position involving caring for, training, supervising or being in sole charge of children— Whether information not relating to criminal or potentially criminal activity “relevant”—
Police Act 1997 (c 50), s 115(7)
Human rights— Right to respect for private and family life— Disclosure of information— Information collected and stored in police records— Statutory duty of chief officer of police to provide relevant information which he considered ought to be included in enhanced criminal record certificate in respect of applicant for employment involving contact with children or vulnerable adults— Whether applicant’s right to respect for private life engaged— Whether need to protect children and vulnerable adults overriding applicant’s right to respect for private life—
Police Act 1997 (c 50), s 115(7)
—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8(1)