The Claimant, who is on death row in Kenya for kidnapping and murder of British nationals, made a subject access request (SAR) to the Metropolitan Police who were involved in the investigation of the Claimant’s crimes in Kenya. The Metropolitan Police refused the request claiming that it was an abuse of process. The Court considered whether the making of the SAR was an abuse of process and whether to direct the Police Commissioner to comply with the request. The Court agreed that it was common ground that it had jurisdiction to order compliance even though the Claimant had never been to the UK, as the relevant data was held by the Police Commissioner. The Court ruled   that the making of the SAR was not an abuse of process as the reason for the request was to determine whether there were any inaccuracies in the data held by the Metropolitan Police. The Court ordered the Metropolitan Police to comply with the SAR as the purpose of the request was a proper statutory purpose.

Kololo v. Commissioner of Police for the Metropolis [2015] EWHC 600 (QB)