Police must destroy photos

The police cannot keep photographs of people without criminal records or who are not found guilty, the High Court held last week.

Lord Justice Richards and Mr Justice Kenneth Parker held that it was an unjustifiable breach of a person’s right to a private life to do otherwise, in R (on the application of RMC & FJ) v Commissioner for Police for the Metropolis & Ors [2012] EWHC 1681 (Admin). They dismissed the Metropolitan Police’s argument that keeping photographs of those not convicted was necessary for preventing crime and disorder, and ordered it to revise its guidelines within months.

This may mean the police will need to destroy photographs taken of anyone who has not committed a crime.

RMC was a middle-aged woman of good character who was arrested on suspicion of assaulting a community police officer who stopped her riding her bicycle on a footway. No prosecution was brought.

FJ was arrested at the age of 12 on suspicion of raping his second cousin. Following enquiries, no further action was taken.

Both claimants argued that, once the decision was taken not to proceed, the retention of their photographs was a breach of their Art 8 rights. 

The courts have previously ruled that the police cannot retain DNA or fingerprint data indiscriminately or indefinitely.

John Wadham, general counsel at the Equality and Human Rights Commission, which intervened in the case, says: “Without the protection of our human right to a private life, the police would be able to hold onto your DNA, fingerprints, and photographs even if you’d done nothing wrong.”