Failure to give adequate opportunity to the subject of an enhanced criminal record certificate to see it before issue and to make representations constituted a breach of the European Convention on Human Rights art.8. The essential question was proportionality, and in a revised certificate that the subject saw, a balance had been struck between his private life and the very disturbing picture in the material.

DC (Munby LJ, Beatson J) 16/9/2011
[2011] EWHC 2362 (Admin)