BC and others, petitioners

Police – Misconduct proceedings – Procedure – Judicial review. Court of Session: In judicial review proceedings brought by ten individual police officers, seeking a finding that the use of messages sent amongst them via the electronic 'WhatsApp' messaging system for the purpose of bringing misconduct proceedings against them in respect of allegations of non-criminal behaviour infringed their common law rights of privacy and their Convention right to respect for private and family life, the court repelled the respondents' preliminary pleas that the issues in the petition were hypothetical, premature or academic and that in any event the petitioners had an effective alternative remedy, and allowed the petition to proceed.

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