Anthony Bolanos (Appellant) v The King (Respondent)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

JCPC/2026/0080

Jurisdiction

Gibraltar

Parties

Appellant(s)

Anthony Bolanos

Respondent(s)

Office of Criminal Prosecutions and Litigation Gibraltar

Issue

(i) Does “obtaining” personal data under s.175(1)(c) of Data Protection Act 2004 (“DPA 2004”) include unsolicited receipt? (ii) Does s.175(3)(a) DPA 2004 impose a reverse legal burden and, if so, whether that burden is compatible with Article 6(2) ECHR?

Facts

The Appellant is a former officer of the Royal Gibraltar Police (“RGP”). In judicial review proceedings concerning alleged police surveillance of lawyer-client discussions, the Appellant was due to give evidence in support of this allegation. RGP suspected the Appellant’s evidence to be fabricated and began an operation into his alleged untruthful evidence. A warrant was obtained to search the Appellant’s home for digital devices, communications devices and police notebooks. His mobile telephone was seized and subjected to a full search.  During examination of the phone, RGP found an image of a Police Wanted Person Notice (“PWPN”) containing personal data. The PWPN fell outside the stated objects of the warrant. The Appellant had received it unsolicited from a serving officer, retained it, and later forwarded it to a lawyer. The Appellant was then prosecuted for data protection offences.  On 8 August 2025, the Appellant was convicted of unlawful retention of personal data contrary to s.175(1)(c) and unlawful disclosure contrary to s.175(1)(a) DPA 2004. He was fined £500 on each count. The Court of Appeal dismissed all 15 grounds of appeal on 26 June 2026. He now seeks special leave from the Judicial Committee of the Privy Council on three grounds.