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Haunted by one’s past – yet another criminal records case

10 Oct 2013 | Information law

enhanced criminal record check (“ECRC”) undertaken for the purposes of certain types of employment (particularly employment with children or vulnerable adults), even though they are spent, is Article 8 compliant….

Court of Appeal Declares Criminal Records Regime Incompatible with Article 8

29 Jan 2013 | Information law

…(Exceptions) Order 1975 that criminal convictions and cautions must be disclosed in an enhanced criminal record check (“ECRC”) in the context of particular types of employment (such as with children…


Disclosing child protection information: make sure you ask the right questions first

01 Jun 2015 | Information law

…Act 1997, the Home Office’s Statutory Disclosure Guidance on enhanced criminal records certificates, section 10 of the Children Act 2004 and the Data Protection Act 1998. See Jeremy Baker J’s…

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Article 8 and enhanced criminal record certificates

30 Apr 2013 | Information law

There have been a number of Panopticon posts about the lawfulness of disclosures in enhanced criminal record certificates. The latest decision is that of Mr Justice Stuart-Smith in R (L)…

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Data Breach, Group Actions, and the criminal insider: the Morrisons case

06 Dec 2017 | Information law

criminal disclosure, for five reasons: He was the relevant and indeed the only data controller in respect of his criminal disclosure of the payroll data. He had controlling powers over…

Refusal to destroy part of a ‘life story’ justified under Article 8(2) ECHR

04 Oct 2013 | Information law

…access to her records, Horner J said this at paragraph 19: “Even if the applicant does not want to know at present what is in her records, it does not…

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