Cases

Barton v Home Office

Facts

C was a prisoner with LSC funding to bring a data protection claim against the Home Office regarding a 1996 and 2003 Reports in his prison records. They contained allegations from third parties that C had been involved in prison incidents including starting a fire and threatening to kill an officer. C disputed these items of information. He brought a claim under the DPA 1998 alleging the reports contravened the 4th Data Protection Principle (Accuracy) and sought rectification by erasure. The Home Office had amended the Reports to record on their face that C disputed the accuracy of the information in them. C argued that the Reports affected his continued classification as a Category A prisoner in breach of Art 8. The Home Office adduced evidence to the contrary and also relied on R v Dep Govnr of Parkhurst Prison ex p Hague [1991] WLR 340 and Katchis v Home Office [2003] EWHC 3548 (no residual liberty and categorisation essentially a matter for the prison).

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