“The underlying issue is of considerable interest, but the general human rights point of importance is the insistence (in line with T) that the requirement to be “in accordance with the law” under Art.8 carries a good deal more of an obligation on the state than just to refer to a law. The law requires that its proportionality to be capable of examination – so some element of challengeability, in the broadest of senses.”
R (o.t.a P & others) v. Secretary of State for Home Department & others  EWCA Civ 321, Court of Appeal, 3 May 2017 – read judgment
The Court of Appeal has upheld challenges to the system of the police retaining information about past misconduct. It held that the system, even after a re-boot in 2013 in response to an earlier successful challenge, remains non-compliant with Article 8.
The problem is well summarised by Leveson P in the first paragraph of the judgment, namely the interface between a system of rehabilitation of offenders and the minimisation of risk to the public caused by the employment of those with misconduct in their pasts.
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