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Disclosure of rape acquittal in an enhanced criminal records certificate was not a breach of privacy

August 3, 2018

 The Supreme Court has dismissed a work-seeker's appeal against the inclusion on an enhanced criminal records certificate of the fact that he had been acquitted on a charge of rape.


A High Court judge had been entitled to find that the enhanced certificate, issued in relation to work as a teacher, and subsequently in relation to work as a minicab driver, did not breach the individual's right to a private life under Article 8 of the European Convention on Human Rights. Reference to the rape acquittal was reasonable, proportionate and no more than necessary to secure the objective of protecting young and vulnerable persons. The High Court had also been entitled to reject the argument that failure to consult the individual before the decision was made to include the disputed information was in itself a breach of Article 8.


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