5 Essex Court

Robert Talalay

Call 2010

Data Protection & Information Law

Bobby has significant experience in dealing with all matters of information law and data protection. He has appeared in judicial reviews on the legality of data retention, trials for claims made under the DPA, injunction applications to prevent disclosure, and appeals to the First Tier and Upper Tribunals. He also regularly advises on matters of information law, including recently claims for breaches of the DPA and claims for misuse of private information.

Bobby’s recent cases include:

R (QSA) v National Police Chiefs’ Council & Secretary of State for the Home Department [2021] EWHC 272 (Admin) – Junior Counsel for the NPCC (led by Jason Beer QC) in the Divisional Court. The case concerned the art.8 ECHR compatibility of the NPCC’s policy that all convictions of recordable offences be retained on the Police National Computer until the person reached 100 years of age. The Divisional Court held that it was lawful and proportionate for the NPCC to have drawn a bright line given the importance of retaining a comprehensive register of criminal convictions for policing, criminal justice and public safety purposes.

Commissioner of Police of the Metropolis v (1) Information Commissioner & (2) Rosenbaum (GIA/2230/2019) – Counsel for the appellant police force in the Upper Tribunal. The case concerned whether the MPS could neither confirm nor deny whether or not it held information on whether the National Front had been investigated by Special Branch. The appeal revolved around the ambit of the exception in s.23(5) FOIA 2000, where there is no requirement to confirm or deny possession of information where doing so would involve the disclosure of information that ‘relates to’ a listed body dealing with national security matters. The case is highly significant in the area of information law as defining the scope of s.23(5) – see the detailed analysis on the Panopticon information law blog.

R (II) v Commissioner of Police of the Metropolis [2020] EWHC 2528 (Admin) – Counsel for the Commissioner in judicial review proceedings concerning the retention of data of a child referred to the police under the Prevent duty and whether continued retention breached the child’s art.8 ECHR rights and/or was a breach of the DPA or the public sector equality duty. 

Privacy International v (1) ICO and (2) the Commissioner of Police of the Metropolis (EA/2018/0164) – Counsel for the MPS, the lead Respondent, in a high-profile FOIA appeal where multiple police forces ‘Neither Confirmed Nor Denied’ possession of various types of information said to relate to Covert Communications Data Capture using International Mobile Subscriber Identity (IMSI) catchers , relying on s.23, s.24 and s.31 FOIA exemptions. The FTT refused the appeal and upheld the decision to neither confirm nor deny possession of the information in question.

R (R) v The National Police Chiefs’ Council & Anor [2017] EWHC 2586 (Admin) – Junior counsel (led by Jason Beer QC) for the NPCC in a challenge under art.8 to both the NPCC’s policy on retention of criminal record data and the legislation on disclosure of criminal records. The case also concerned national vetting policy. 

R (P & G) v Secretary of State for the Home Department [2017] 2 Cr. App. R. 12 – Junior counsel for the Chief Constable of Surrey (led by Anne Studd QC) in both the High Court and the Court of Appeal concerning a challenge to the administering of a reprimand for sexual offending and the legality of the scheme of retention and disclosure under the relevant guidance, the Police Act 1997 and the Rehabilitation of Offenders Act 1974 obliging the Chief Constable to disclose the reprimand.