Would it not be simpler to bring an action in tort for the newly established misuse of private information, rather than go the cumbersome route of judicial review?
It is also hard to see how the issue of a harrassment warning by the police can be a misuse of private information.
The untrue and unsubstantiated allegations that gave rise to the harassment warning are subsequently disclosed to the DBS during an Enhanced record check by an errant and negligent police officer. Potential employer sees the damaging information and rejects the applicant. No claim can be brought under the data protection act due to the section 29 exemption.
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