Cautions and “minor” convictions to disappear from DBS Checks » National Taxi Association
Lord Reed considered that sections 113A and 113B of the 1997 Act were incompatible with Article 8 because they fail to meet the requirement under the Convention that any interference with the Convention right be “in accordance with law”. In this he followed the line of reasoning taken by the Strasbourg Court in MM v UK (No 24029/07, The Times 16 January 2013). Legality requires safeguards which enable the proportionality of the interference to be adequately examined [108-119; 158]. Legislation like the present which requires the indiscriminate disclosure by the state of personal data which it has collected and stored did not contain adequate safeguards against arbitrary interferences with Article 8 rights [113-119]. Lord Neuberger, Lord Clarke and Lady Hale agreed with Lord Reed’s conclusion on legality , while Lord Wilson disagreed [28-38], emphasising the importance...