Abstract
Discusses the challenges of balancing the retention of individuals' criminal records against their rights to privacy under ECHR art.8. Examines the complex legislative framework governing retention of data on convictions and cautions, the challenge to its legality in R. (on the application of P) v Secretary of State for the Home Department (CA (Crim Div)), how the court balanced rehabilitation with public protection, and why reform is needed.
| Original language | English |
|---|---|
| Pages (from-to) | 696-702 |
| Number of pages | 7 |
| Journal | Criminal Law Review |
| Volume | 2017 |
| Issue number | 9 |
| Publication status | Published - 2017 |
| Externally published | Yes |
Keywords
- Criminal records
- Data retention
- Disclosure
- Enhanced criminal record certificates
- Proportionality
- Public protection
- Right to respect for private and family life
