Unlawful retention of data
Unlawful retention of your data is a breach of your data protection and human rights. 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 claim compensation for distress suffered by the unlawful retention of your personal data.
Investigative journalists exposing human rights breaches, Liberty Investigates, published a report in August 2023 stating that police forces are unlawfully storing the sensitive data of potentially millions of people who have never been charged with a crime. Reports obtained by openDemocracy and Liberty Investigates found that the government’s biometrics watchdog has repeatedly raised concerns about police breaching Data Protection rules by retaining information about people who have been arrested and then released.
This shows that there is a lack of regard for protecting people who have been found to have not committed a crime. Much of the data collected by the police goes on to be uploaded to the Police National Database/Police National Computer, which can be searched and accessed by other organisations. The data that is retained from people who aren’t charged, therefore, could have a detrimental impact on their lives, potentially affecting applications for jobs, universities, child custody arrangements, housing and other aspects of their life.
How do I claim for unlawful retention of data?
Step 1
Get in contact by using one of our contact forms throughout the site.
Step 2
We will arrange a free consultation with you to discuss your unlawful retention of data claim.
Step 3
If you have a valid claim, we will accept your case on a No-Win, No-Fee basis.
Step 4
HNK Client Settles for over £7,000 in False Imprisonment and Assault Case Against Leicestershire Police

What is classed as unlawful retention of data?
When you are arrested by the police, they will collect your personal data and it will be stored on the police data base. Even if you are not charged with an offence, and receive an outcome of ‘no further action’ from the Police, they will continue to retain your personal data.
The retention of your personal data may be considered a breach of the Data Protection Act as retention is only permissible where it is proportionate and necessary.
As such, where a police force cannot show that your personal data has been retained and processed in line with the Data Protection Act 2018, your personal data would have been retained for longer than is necessary for the purpose for which it was processed.
The unlawful retention of your personal data by police is also a breach of the European Convention on Human Rights (ECHR). It is unlawful for police, or any other public authority, to act in a way which is incompatible with the ECHR. Under the Human Rights Act, people have ‘the right to a private and family life’, and unlawfully retaining your personal data, which can be shared via their database, with no proportionate or lawful reason is a breach of this right.
This was confirmed in Catt v United Kingdom (2019) 69 EHRR 7 where the retention of non-conviction information on police records was deemed to interfere with Article 8 rights, and any retention of personal data will require justification as a necessary and proportionate interference with that right.
In this case, Mr Catt’s personal details were collected and retained by police due to his attendance at various political demonstrations, and in relation to demonstrations organised by the group ‘Smash EDO’, who, unlike Mr Catt, commit violent offences. Mr Catt was a 91-year-old man with no previous convictions, and it was found that the retention of his data in relation to this was unlawful and infringed on his Article 8 rights.
Can I make a claim for unlawful retention of my data?
The courts will consider a range of factors when determining whether the retention of your data is unlawful, including:
- The distress/damages caused by the retention of your data;
- Whether you post a substantial risk to the public;
- The sensitivity of the data retained.
If the police have held your data after you were not charged or received an outcome of ‘no further action’, providing you have no other convictions or impending prosecutions, you could be entitled to claim compensation. Particularly if you have suffered distress or inconvenience as a result of them retaining this data, for example, if you believe you were denied a job role due to them accessing the data.
If the police force cannot show evidence that retaining your data was proportionate or necessary, then your personal data would have been retained for longer than is necessary for the purpose it was obtained. Therefore, you would have the right to claim compensation.
If it can be established that the Police have not retained your personal data in accordance with the DPA, the Police as the data controller of your personal data, must without undue delay, erase your personal data in accordance with the DPA.
Furthermore, any infringement of the DPA by the Police will give rise to those affected to make a compensation claim.
How much compensation can I claim for unlawful retention of data?
You may be able to receive in the region of £5,000 for any distress or inconvenience suffered as a result of any unlawful retention of your personal data.
There have been several examples recently where people have successfully claimed compensation for the unlawful retention of their personal data. This includes a landmark case in January 2023 where a young man was awarded £36,000 in compensation against a police force for breaching his human rights through the unlawful retention of data.
Recently, we helped a client successfully obtain £10,900 following the unlawful retention of their data by Bedfordshire Police after they were arrested and released with no further action.
The claimant suffered several symptoms of distress, including stress, anxiety, anger and sleepless nights. The information was also shared with their daughter’s school and social services, which meant they could no longer have unsupervised contact with their child, causing considerable distress and inconvenience. As a result of the claim, Bedfordshire Police also agreed to remove our client’s data from the Police National Computer (PNC).
How to make an unlawful retention of data claim
To claim compensation for the unlawful retention of your data, you’ll need to launch a civil claim against the police force responsible.
In order to do this, it is advised you instruct a specialist solicitor with experience in this area of law. They will be able to handle the whole process for you, including gathering evidence to support your claim that can convince a court that the retention of your data is unlawful and that it is a breach of your human rights.
Solicitors with experience in this area can help provide you with tailored support and will be able to advise you on how much compensation you are entitled to for distress or inconvenience suffered.
HNK Solicitors are unlawful retention of data specialists
HNK Solicitors are experts in the field of unlawful retention of data claims and in making civil claims against the police. Our dedicated team of experienced solicitors have a deep understanding of the relevant laws and regulations around Data Protection, Human Rights and unlawful data retention. As a result, we can present your case in the most compelling way.
We have helped many clients secure the compensation they deserve after their data was unlawfully retained and requested the deletion of this data from police databases on their behalf. This has helped many people to rebuild their lives and cover the costs of damages suffered as a result.
If you are considering making an unlawful retention of data claim get in touch with our team today at 0151 668 0809 or email us at enquiries@hnksolicitors.com. We provide free consultations and can pursue claims on a no-win, no-fee basis.
Free Consultation
Contact HNK Solicitors to arrange a free no-obligation consultation where we can offer free advice on whether you can pursue an Unlawful Retention of Data claim.
No-Win-No-Fee
If we believe you have grounds to make a claim, we can take on your case on a no-win, no-fee basis. This means it won’t cost you a penny upfront to start your unlawful retention of data claim.
Client Communication
If we accept your unlawful retention of data case, our dedicated team of data protection solicitors will handle everything for you, and keep you up to date throughout the whole process.
FAQ
Unlawful retention of your data can cause a series of negative consequences for an individual, including distress, reputational damage and even financial losses. Many people may feel anxious that their data is being held on police databases, despite the fact they have never been charged with a conviction. This may give the impression that the individual is involved with criminal activity or has committed an offence, which can cause them anxiety and stress, as well as damage their reputation if anyone accesses these records.
Agencies outside of the police can sometimes access these records too, for example, when conducting a DBS check. This may result in individuals who have not been convicted of a crime being denied a job role or placement somewhere as a result of finding their details in the Police Database following this check.
Claiming compensation can help you recover any losses you may have suffered as a result of this and compensate for any distress you have suffered. This can help you to move on from the incident, and you can also request for your data to then be removed from the police database if your claim is upheld and it is found the retention of your data is unlawful.
You will need to prove that the continued retention of your data is not lawful or proportionate under the Data Protection Act 2018. You may also need to provide evidence that the retention of your data prohibits your right to a private and family life, under the Human Rights Act 1998.
This is why it is vital to work with an experienced solicitor when pursuing an unlawful retention of data claim. They will have a deep understanding of the relevant Data Protection and Human Rights laws and be able to prove that your rights have been breached, giving your case the best chance of success.
If you feel your data is being unlawfully retained, you should seek legal advice as soon as possible. The continued retention of your data can cause a significant and long-lasting impact, so it needs to be dealt with effectively and fast.
Under the Data Protection Act, you are entitled to request from the Police:
– Copies of the personal data they hold about you
– Rectification of the personal data
– Erasure of personal data or restriction of its procession
A solicitor will be able to not only help you request for the data to be erased but can help you claim compensation for any distress or losses caused as a result of this unlawful retention of your data.