Blanket criminal record disclosure system incompatible with privacy rights

Abstract

This article considers issues relating to the mandatory criminal record data disclosure regime in the United Kingdom and its compatibility with privacy rights under the European Convention of Human Rights. It analyses the extent to which the T decision took into account the impact of the current disclosure scheme and whether it gave sufficient weight to privacy concerns. It further considers the practical implications of the T judgment for individuals as well as its significance for the forthcoming reforms of the criminal data retention and disclosure regime in the United Kingdom.