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R (P) v Secretary of State for Justice
[2016] EWHC 89 Admin, [2016] 1 WLR 2009
 
29.68R (P) v Secretary of State for Justice [2016] EWHC 89 Admin, [2016] 1 WLR 2009
Article 8 required there to be a mechanism for testing the proportionality of disclosure in individual cases
Facts: the claimants had been convicted of two relatively minor offences some years before that stood to be disclosed to employers under the Police Act 1997.
Judgment: the Divisional Court held that even as amended the Police Act 1997 was incompatible with Article 8 ECHR insofar as it contained no machinery for testing the proportionality of disclosure in individual cases and that, in these cases, disclosure would be disproportionate.
R (P) v Secretary of State for Justice
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