EU: Removal of records ordered (1)
01 January 1991
EU: Removal of records ordered
artdoc March=1995
In a landmark decision the European Commission has ordered the
UK and Belgium governments to remove the names of two brothers,
Rhys and Gwilym Boore, from police records (see Statewatch, vol
3 no 2 and vol 4 no 5). The two brothers names were on the
football hooliganism index at the National Criminal Intelligence
Service (NCIS) in London and the files of the Belgium police.
The names of the two brothers was first put on the index in 1990
when they were questioned, but not arrested or charged, by the
police in Luxembourg while on their way to watch the Welsh
football team. A Belgian police liaison officer passed erroneous
information to the NCIS in London. Then in 1992 this same
information was used to question them again and Rhys Boore was
held, strip-searched and deported.
In a letter the European Commission says that under the EC
Treaty thee were `special measures concerning the free movement
of persons justified on public order grounds, as interpreted by
the Court of Justice'. It goes on:
`The Court has held that a Member State may only rely on the
public order exception to the Treaty provisions on the free
movement of persons if the person concerned represents a real and
sufficiently serious threat affecting a fundamental interest of
society (Case 30/77 Bouchereau [1977] ECR 1999). Moreover, it
follows from the judgement in Cases 115-6/81 Adoui and Cornuaille
[1982] ECR 1665 that, even where a person has been lawfully
expelled from a Member State on public order grounds, that State
is bound to give active consideration to an application lodged
by him after a reasonable time for the review of his case on the
basis that he no longer constitutes a threat to public order.
Consequently, Belgium and the United Kingdom are bound to give
active consideration to the brothers' request to be removed from
any "blacklist" on which they might appear. I have written to
both Member States to this effect, asking them to delete your
clients' names from any such "blacklist" and, if not, to give
reasons for keeping them on such a list'.
Philip Leach, Liberty's Legal Officer who took up the case with
the Commission commented: `This could prove a landmark decision.
If the government refuses to remove the names of the two men from
the list then the European Commission could take it to the
European Court of Justice. The decision could help ensure that
false information is not held on people and not allowed to be
passed around European police forces'.
Letter from the European Commission, Directorate General XV
(Internal Market and Financial Services), 20.10.94.
Statewatch, Vol 4 no 6, November-December 1994