HNK Solicitors Secure a Client Over £13,000 in a Case Against The Metropolitan Police for Unlawfully Retaining a Client’s Data

HNK Solicitors recently secured over £13,000 for a client in an unlawful retention of data claim against The Metropolitan Police, following their arrest and subsequent release with no further investigation. Despite our client being released by police, and having no prior or impending convictions, the Metropolitan Police retained their personal and biometric data, which is unlawful. Therefore, our client had the right to claim compensation for this breach of their personal data.

Police unlawfully retaining your data is a breach of your data protection and human rights. If you have been arrested and later released without charge or conviction, or received an outcome of no further actions, providing you do not have any other convictions or impending prosecutions, you may be eligible to claim compensation if the police have retained your data. Read on to find out more about how we help clients claim compensation for unlawful retention of their data.

Cropped shot of an unrecognizable male police officer using his laptop while out on patrol

Background of the case

M, was arrested by the Metropolitan Police (“the Defendant”) and, following the arrest of M, the Defendant subsequently found that M had not committed any crime, was released with no further investigation and received an outcome of ‘no further action’.

Some of the data retained was unlawfully held by the Metropolitan Police since 2010, over 14 years of retention.

However, the Defendant went on to retain M’s personal data, which included:

Name
address
ethnicity
DOB
Gender
Height
Contact details
Custody photograph

The Law

The Data Protection Act 2018 and the Human Rights Act 1998 (HRA) both impose extensive and detailed requirements on organisations that store, process and retain personal data.

Any breach of the above obligations entitles those that are affected to claim compensation for the distress and inconvenience suffered as a direct result of the unlawful retention of your personal data.

The Claim

M approached HNK Solicitors in June 2023 and instructed us to act on their behalf in this matter. We accepted instructions on a no-win, no-fee basis and the case was handled by Dan Higham, Solicitor.

HNK Solicitors claimed damages for breaches of legal obligations under the Data Protection Act 2018 and the Human Rights Act 1998.

A letter of claim was served on the Defendant. The Defendant, in response, admitted that M’s personal data should have been erased promptly, and M is eligible for their personal data to be removed from the Police National Computer (PNC) and local police records.

The Defendant, in response to the submissions in the Letter of Claim, made M a settlement offer for £250 plus the payment of their reasonable legal costs.

However, HNK Solicitors, as a result of expertise and experience in this specialised area of law, took instructions from M regarding how the breach had affected them.

M confirmed that, as a result of the breach, he had suffered with several symptoms including anxiety, stress, anger, annoyance, frustration and sleepless nights. M was also concerned that their personal details will affect their future job prospects and, that the Defendant may disclose the same on a DBS certificate.

Perspective view of 3d illustration with graphic digital touch interface software elements showing the process of scanning fingerprint for identity

In addition, M has attended his GP in an attempt to alleviate their symptoms of anxiety and depression following the unlawful retention of his personal data.

HNK Solicitors, advised M of the value of their claim for the distress and inconvenience the retention of their personal data has caused them and advised M to put forward a reasonable offer of settlement to resolve the matter.

Negotiations took place between the parties and the claim was settled for a total sum of £13,236.80 in full and final settlement of their claim for damages and legal costs.

Get in touch with HNK Solicitors for help with your unlawful retention of data claim

If you have been arrested and subsequently released without charge or conviction, or received an outcome of no further action, providing you do not have any other convictions or impending prosecutions, you may be eligible to compensation for distress suffered by the unlawful retention of your personal data.

If the above applies to you, please contact our Data Protection department to see if we can assist with obtaining compensation on your behalf. You can call us on 0151 660 0813, email the team on enquiries@hnksolicitors.com or fill in our online claims form and a member of the team will be in touch.