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ECHR: European Court of Human Rights (1)

17 September 2014

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"The case concerned a complaint about Mr Brunet’s details being recorded in a crime database after the discontinuance of criminal proceedings against him.

The Court found in particular that Mr Brunet had not had a real possibility of seeking the deletion from the database of the information concerning him and that the length of retention of that data, 20 years, could be assimilated, if not to indefinite retention, at least to a norm rather than to a maximum limit.

The Court concluded that the State had overstepped its discretion to decide (“margin of appreciation”) on such matters: the retention could be regarded as a disproportionate breach of Mr Brunet’s right to respect for his private life and was not necessary in a democratic society."

See the full text: French crime database system in breach of Convention for storing information on individuals against whom proceedings have been dropped (pdf) and: Full-text of judgment (French, pdf)

See also: Protection of Freedoms Bill provides long-awaited reform of Labour's data retention regime - Thousands of innocent people are to be removed from the UK national DNA database, but alarmingly their records will still be held on the Police National Computer. (Statewatch database)

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