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Police protester snap did not breach rights rules court

The Register | 03.06.2008 19:42 | Anti-militarism | Other Press | Repression | London

The Register is reporting that a CAAT activist has essentially lost a High Court case against the FIT Teams. (See link for full story - rest of this article quoted from that story)

Police-ordered photography of an anti-arms trade protester did not breach the protester's privacy rights, the High Court has ruled. It is one of the few times that such alleged intrusion by the state rather than the media has been the subject of a UK ruling.

Andrew Wood, a media co-ordinator for the Campaign Against Arms Trade (CAAT), claimed that the taking and storage of police photos was a violation of his privacy, but because they were taken in the public street and retained only for a specific purpose, the High Court rejected the claims.

...

"It seems clear from these cases that the mere taking of a person's photograph in a public street may not generally interfere with that person's right of privacy under Article 8," said the ruling. "More is usually required before that threshold is crossed, for example if there is the type of encyclopaedic press recording and subsequent publication of photographs of the comings and goings of a person, as there was of Princess Caroline in the Von Hannover case, or the taking and publication of photographs tending to expose medical confidences to the public gaze, as in the Campbell case."

The judge ruled that the taking of the photos did not infringe Woods' rights, and that the retention of the photos could not be considered an interference if DNA samples, a much more personal record of identity than a photograph, could be lawfully retained.

The Register
- Homepage: http://www.theregister.co.uk/2008/06/03/protester_photo_ruling/

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two wrongs make?

04.06.2008 11:06

'the retention of the photos could not be considered an interference if DNA samples, a much more personal record of identity than a photograph, could be lawfully retained.'

so one Orwellian piece of legislation is unterpreted by a judge to justify another - two wrongs make a right then

Eric Blair


You'll also notice

04.06.2008 11:38

That DNA should only be taken with permission, except in the case of an arrested suspect where it can be taken with or without permission. This photograph is therefore being retained on the basis that HAD the person been arrested, they WOULD have been able to retain OTHER forms of information, therefore even though they WEREN'T arrested, they CAN retain THIS form of information.
Surely any judge should be able to see the massive difference between retaining information on a suspect and retaining information on a would-be-anonymous member of the public suspected of no wrong-doing? Apparently critical thinking/logic/common sense is not a skill required by judges these days.

Rogue