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Patient cat and the T and Commissioner of Police of improper Lord gumption will explain the judgment of the court these appeals are about the right of the police to retain information about individuals in a searchable database the first appeal concerns Mr. cat he is a 91-year-old man living in Brighton who regularly participates in political demonstrations mainly in support of causes associated with the peace movement these demonstrations include a significant number organized by a group called smash II do whose objective is the closure of a factory in Brighton belonging to a company called ed o which is said to manufacture components for weapons systems there Mr. cat it is a peaceful protester, but many other participants in smash II do demonstrations have engaged in a variety of crimes against people property and public order in pursuit of their objectives the police monitor these demonstrations and recorded the names of those present so far as they can be identified these may feature in reports about particular incidents or in nominal records about particular individuals there was once a nominal record about Mr. cat, but it has long since been deleted however Mr. cat's name continues to feature as a participant in demonstrations in incident reports and in nominal reports about other people he objects to this mainly because of the stigma of criminality that he says is associated with inclusion in a database of this kind the second appeal concerns a lady who is referred to in the proceedings as misty she lives in a block of flats in London the occupant of a neighboring flat alleged that she uttered a homophobic insult against him and complained to the police without ascertaining her side of the story the police delivered to her a document called a prevention of harassment letter which warned her that any further act of that kind might lead to her arrest and prosecution for harassment the ordinary policy of the Metropolitan Police is to retain a record of such incidents for 12 years and a copy of the prevention of harassment letter 47 although in this case they deleted both after two and a half years shortly before the case was due to be heard in the court of appeal both of these appellants accept that the police were entitled in law to make these records, but they say that their retention beyond the limited period was contrary to their right to the protection of their private life guaranteed by article 8 of the human rights convention and this argument was rejected in both cases by the High Court, but it was accepted by the court of appeal the supreme court allows the appeal of the police in the case of Mr. cat by a majority of 4 to 1 and unanimously allows the appeal in the case of MST the result is that the police have not acted unlawfully in either case the reasons are set out in a judgment which I have prepared subject to a qualification in the case of MEMO T which I shall return to the article 8 of the human rights convention confers on...
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