Fact Check: Under GDPR it is illegal for police to call parent's of an arrested 18 year old.

Fact Check: "Under GDPR it is illegal for police to call parent's of an arrested 18 year old."

What We Know

The claim that it is illegal for police to contact the parents of an arrested 18-year-old under the General Data Protection Regulation (GDPR) is misleading. According to the UK government, when an individual under 18 is arrested, the police are required to contact a parent, guardian, or carer to inform them of the individual's whereabouts, even if that person is not designated as an "appropriate adult" during the arrest process (Being arrested: your rights).

The GDPR, which aims to protect personal data and privacy in the European Union, does impose strict regulations on how personal data is handled. However, it does not outright prohibit law enforcement from contacting parents or guardians of individuals who are 18 years old or older. In fact, the GDPR allows for certain exemptions in cases involving public interest and law enforcement (Yleinen tietosuoja-asetus – Wikipedia).

Analysis

The assertion that police cannot contact the parents of an arrested 18-year-old due to GDPR is fundamentally flawed. The GDPR does protect personal data, but it also acknowledges the need for law enforcement to operate effectively. Article 6 of the GDPR outlines lawful bases for processing personal data, including compliance with a legal obligation and the performance of a task carried out in the public interest or in the exercise of official authority (Yleinen tietosuoja-asetus (GDPR) - EUR-Lex).

Moreover, the police's duty to inform parents of an arrested individual under 18 is a clear legal requirement that exists independently of GDPR. The law specifies that the police must make efforts to contact a parent or guardian to ensure the welfare of the young person in custody (Being arrested: your rights).

While the GDPR does impose restrictions on how personal data is processed, it does not create a blanket prohibition against police contacting parents of individuals who are 18 years old. The claim misinterprets the scope and application of GDPR, suggesting a misunderstanding of both the regulation and the legal obligations of law enforcement.

Conclusion

Verdict: False
The claim that it is illegal for police to call the parents of an arrested 18-year-old under GDPR is incorrect. The police are legally required to inform a parent or guardian of an arrested individual under 18, and the GDPR does not prevent law enforcement from contacting parents or guardians in such situations. Instead, the GDPR provides a framework for data protection that allows for certain exceptions, particularly in the context of law enforcement.

Fact Check: Under GDPR it is illegal for police to call parent's of an arrested 18 year old.