Scottish court refuses to grant order for the erasure of personal data

23/08/2022 | Pinsent Masons

A ruling in Scotland by the Outer House of the Court of Session has refused to grant an order sought by taxi driver Robert Bartosik under the Data Protection Act (2018) for the erasure of personal data held by Police Scotland and compensations, despite the fact the information turned out to be inaccurate. The court found that while s38 of the DPA18 requires data held for law enforcement purposes to be accurate: "Witness statements are by their nature subjective and are not subject to the requirement of accuracy contained in section 38 of the 2018 Act."

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