A convicted sex offender accidentally given access to confidential police videos by a law firm has been ordered to return the material by hand.

Mr Justice Saini said the defendant in Chief Constable of Kent Police & Anor v Taylor should attend the London office of international firm BLM on 14 April with any media or devices on which the videos were stored. He will be accompanied by an independent IT expert nominated and paid for by Kent Police and BLM.

The judge said he accepted that Daryll Taylor had no intention of complying with any orders but he warned there would be penal consequences if Taylor failed to deliver the material.

The court heard that Kent Police and its solicitors BLM had brought a claim against Taylor concerning videos containing sensitive information in relation to the arrest of a 17-year-old vulnerable minor, referred to as KDI, who was involved in other civil proceedings.

Taylor had pleaded guilty at Canterbury Crown Court in 2020 to the possession of indecent images of children and was sentenced to nine months’ imprisonment. He subsequently claimed for £390 from Kent Police for alleged damage to his front door when officers searched his home.

BLM employees sent Taylor an automated invitation to use Collaborate, a secure encrypted cloud-based tool for sharing documents, to enable him to view video evidence that would be used against him. But Taylor was inadvertently given access to videos relating to a claim by KDI for wrongful arrest. He then sent a message to BLM stating that he had access to uploads that were not related to him, calling it a ‘serious privacy violation’ and accusing the firm of ‘technical illitracy’ [sic].

The firm started an investigation and informed the information commissioner that the videos had been inadvertently shared. 

The firm replied to Taylor emphasising the confidential nature of the videos and asking him to delete the copies he had downloaded, giving notice that proceedings may have to be commenced if he did not agree. Taylor replied: ‘You will make no demands of me. You are clearly the one in need of basic IT education. You should be sacked and BLM struck off.’

Ordering the return of the material, the judge said it was clear that Taylor understood the confidential nature of the material he had downloaded and viewed. Saini said: ‘There is no legitimate reason for Mr Taylor to retain the videos or make any use of them. 

In a statement following the judgment, BLM said: 'This was a genuine error and BLM took swift action to rectify the mistake and ensure it does not occur again.

'We immediately informed all involved parties and notified the Solicitors Regulation Authority and Information Commissioner’s Office, with the ICO affirming this was a case of human error with no further action necessary. We have since taken action to address the matter and prevent similar situations in the future.'

 

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