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Unlawful Retention of Data

If an organisation has failed to protect your data, whether due to a breach or the mishandling of your personal information, you are not alone. Across the UK, people are joining forces to challenge corporate wrongdoing. If your data has been misused or compromised, you may be entitled to compensation.

Unlawful retention of data

The unlawful retention of your personal data may amount to a breach of both data protection laws and your human rights. If you were arrested and later released without charge or conviction, or if your case resulted in no further action, you could be entitled to claim compensation for the distress caused, provided you have no other convictions or pending prosecutions.

Reports obtained by openDemocracy and Liberty Investigates found that the government’s biometrics watchdog has repeatedly raised concerns about police breaching Data Protection rules by retaining information about people who have been arrested and then released.

A significant amount of data collected by the police is later uploaded to the Police National Database/ Police National Computer, where it may be accessed by various other organisations. This means that information held about individuals who have not been charged can still have a negative effect on their lives, including job applications, university admissions, child custody matters, housing and other personal circumstances.

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What is classed as unlawful retention of data?

When someone is arrested, the police routinely collect and store their personal data on official databases. This information is often retained even if no charges are brought and the matter ends with a ‘no further action’ decision. However, the continued storage of personal data is only permitted when it is both necessary and proportionate. If it is not, it may amount to a breach of the Data Protection Act 2018.

If the police cannot demonstrate that your personal data has been processed and retained in accordance with legal requirements, including being held for no longer than necessary, this could be considered a breach of data protection law.

Unlawful retention of personal data by the police can also infringe upon your rights under the European Convention on Human Rights (ECHR). Under the Human Rights Act 1998, public authorities, including the police, must not act in a way that is incompatible with your rights. This includes your right to a private and family life. Holding on to your data without a clear, lawful, and proportionate justification may breach this right, particularly if the data can be accessed or shared via police systems.

This principle was upheld in the case of Catt v United Kingdom [2019] 69 EHRR 7. The European Court of Human Rights found that retaining personal information about Mr Catt, a peaceful protestor with no criminal convictions, constituted an unjustified interference with his Article 8 rights. Although the data related to his attendance at public demonstrations, the Court concluded that its retention lacked sufficient justification and was therefore unlawful.

Can I make a claim for unlawful retention of data

When the courts are considering if the retention of data has been unlawful, they will look at a range of factors, including:

  • The distress/damages caused by the retention of your data;
  • Whether you post a substantial risk to the public;
  • The sensitivity of the data retained.

If the police have kept your personal data after an arrest that led to no charge or a decision of ‘no further action’, and you have no other convictions or ongoing prosecutions, you may be entitled to claim compensation. This applies particularly where the retention of your data has caused you distress or inconvenience. For example, if you believe it affected a job application because the data was accessed.

The police must be able to show that holding your data was necessary and proportionate. If they cannot do so, the continued retention of your personal information may be considered unlawful, and you could have grounds to seek compensation.
Where it is established that your data has not been handled in accordance with the Data Protection Act 2018, the police, as data controllers, are required to erase your personal data without undue delay.

Any breach of the Data Protection Act by the police may entitle those affected to pursue a compensation claim.

How much compensation can I claim for unlawful retention of data

You may be able to receive in the region of £5,000 for any distress or inconvenience suffered as a result of any unlawful retention of your personal data.

There have been several examples recently where people have successfully claimed compensation for the unlawful retention of their personal data. This includes a landmark case in January 2023 where a young man was awarded £36,000 in compensation against a police force for breaching his human rights through the unlawful retention of data.

Recently, we helped a client successfully obtain £10,900 following the unlawful retention of their data by Bedfordshire Police after they were arrested and released with no further action.

The claimant suffered several symptoms of distress, including stress, anxiety, anger and sleepless nights. The information was also shared with their daughter’s school and social services, which meant they could no longer have unsupervised contact with their child, causing considerable distress and inconvenience. As a result of the claim, Bedfordshire Police also agreed to remove our client’s data from the Police National Computer (PNC).

How to make an unlawful retention of data claim

To claim compensation for the unlawful retention of your data, you’ll need to launch a civil claim against the police force responsible.

To pursue this type of claim, it is advisable to instruct a solicitor with expertise in data protection and human rights law. A specialist solicitor can manage the process for you, including gathering the necessary evidence to support your case and demonstrating to the court that the ongoing retention of your data is unlawful and amounts to a breach of your rights.

With experience in this area, they can offer tailored support and advise you on the level of compensation you may be entitled to.

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How we can help those who have been affected by the unlawful retention of data

Express Solicitors are highly experienced in handling unlawful data retention claims and civil actions against the police. Our dedicated team has in-depth knowledge of Data Protection and Human Rights law, enabling us to present your case clearly and effectively.

We have supported many clients in claiming compensation after their personal data was unlawfully retained, and in seeking the deletion of that data from police databases. This has helped individuals move forward with their lives and recover costs associated with the distress and harm they have suffered.

Step 1

Get in contact by using one of our contact forms throughout the site.

Step 2

We will arrange a free consultation with you to discuss your unlawful retention of data claim.

Step 3

If you have a valid claim, we will accept your case on a No Win No Fee basis.

Free Consultation

You can contact Express Solicitors for a free consultation with no obligation, where we will take the time to understand your claim and offer clear, helpful guidance on your next steps.

No-Win-No-Fee

We can assist you on a no win, no fee basis, so you will only need to pay us if your claim is successful and compensation is awarded.

Client Communication

If your case is accepted, our team of Data Protection Solicitors will handle the process on your behalf and keep you informed at every stage.

Our Group Actions team

The Express Group Actions team has years of experience supporting clients with data breach, data protection and cybercrime claims against large organisations. We have been part of the biggest group action settlement in England and Wales in respect of a data breach. We understand the harm and distress that can result when your personal information is not handled properly or has been compromised. We are committed to helping you secure the compensation you deserve.

Brian
Higgs

Partner - Head of Group Actions

Frequently asked questions

Why claim compensation for unlawful retention of data?

Unlawful retention of your data can cause a series of negative consequences for an individual, including distress, reputational damage and even financial losses.

Many people may feel anxious that their data is being held on police databases despite never having been charged or convicted. This may give the impression that the individual is involved with criminal activity or has committed an offence, which can cause anxiety and stress as well as damage their reputation if anyone accesses these records.

Agencies outside of the police can sometimes access these records too, for example, when conducting a DBS check. This may result in individuals who have not been convicted of a crime being denied a job role or placement due to their details being found on the police database following the check.

Claiming compensation can help you:

  • Recover any losses you may have suffered as a result
  • Compensate for any distress caused
  • Move on from the incident

You can also request for your data to be removed from the police database if your claim is upheld and it is found that the retention of your data was unlawful.

How do I prove that that the police have unlawfully retained my data

You will need to prove that the continued retention of your data is not lawful or proportionate under the Data Protection Act 2018. You may also need to provide evidence that the retention of your data prohibits your right to a private and family life, under the Human Rights Act 1998. This is why it is vital to work with an experienced solicitor when pursuing an unlawful retention of data claim. They will have a deep understanding of the relevant Data Protection and Human Rights laws and be able to prove that your rights have been breached, giving your case the best chance of success.

What can I do if my data is being unlawfully retained?

If you feel your data is being unlawfully retained, you should seek legal advice as soon as possible. The continued retention of your data can cause a significant and long-lasting impact, so it needs to be dealt with effectively and quickly.

Under the Data Protection Act, you are entitled to request from the Police:

  • Copies of the personal data they hold about you
  • Rectification of the personal data
  • Erasure of personal data or restriction of its processing

A solicitor will be able to not only help you request the data to be erased but also assist you in claiming compensation for any distress or losses caused as a result of the unlawful retention of your data.

Why choose Express Solicitors? 

No matter how tricky the case, we treat every claim with the utmost care and empathy. Our mission? To get you the justice you deserve.

With our no win, no fee arrangements, you can pursue your claim without stressing over upfront costs or legal fees.

We’re proud of our ‘Excellent’ rating on Trustpilot and our accreditation by the Solicitors Regulation Authority (SRA). It shows just how committed we are to professional integrity and making our clients happy.

So, why wait? Reach out today to kickstart your compensation claim and see how much you might be entitled to.

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