DPA victory for death row prisoner

12 Mar 2015 | by Caroline Sweeney

The High Court has ordered the Metropolitan Police to comply with a data subject access request made by Mr Kololo, a Kenyan man facing the death penalty.

The Police had refused to provide Mr Kololo with his personal information. It argued that his request was made for an improper purpose, namely that he intended to use the information in the context of his ongoing criminal appeal proceedings in Kenya.  The Police also argued that Mr. Kololo was improperly attempting to circumvent a statute – the Crime (International Co-operation) Act 2003 – which was said to be the only way that evidence can lawfully be obtained in this country to help in foreign court proceedings.

Mr Justice Dingemans held that Mr Kololo’s subject access request was not an abuse of process. He rejected the Metropolitan Police’s argument that the provisions of the Crime (International Co-operation) Act 2003 ousted Mr Kololo’s right of access to personal information under the Data Protection Act 1998.

He therefore ordered the Police to comply with the request.

Media coverage of the judgment includes:

Jon Turner QC, Nikolaus Grubeck and Julianne Kerr Morrison acted for Mr Kololo.