Judgment Approved by the court for handing down. R (Bridges) -v- CC South Wales & ors (4) whether, having regard to these matters and to the severity of the consequences, a fair balance has been struck between the rights of the individual and the interests of the community. (See per Lord Sumption at [20]; and especially on question (3), per Lord Reed at [70] to [71] and [75] to [76]).” 133. As before the Divisional Court, so before this Court there is no dispute as regards the first two of those questions. Mr Squires did not make any submissions before us in relation to the third question either. What he did submit was that the Divisional Court fell into error in answering the fourth question, whether a fair balance has been struck between the rights of the individual and the interests of the community. The Court answered that question at [101] as follows: “Nevertheless, we are satisfied that the use of AFR Locate on 21st December 2017 (Queen's Street) and 27th March 2018 (Motorpoint Arena) struck a fair balance and was not disproportionate. AFR Locate was deployed in an open and transparent way, with significant public engagement. On each occasion, it was used for a limited time, and covered a limited footprint. It was deployed for the specific and limited purpose of seeking to identify particular individuals (not including the Claimant) who may have been in the area and whose presence was of justifiable interest to the police. On the former occasion it led to two arrests. On the latter occasion it identified a person who had made a bomb threat at the very same event the previous year and who had been subject to a (suspended) custodial sentence. On neither occasion did it lead to a disproportionate interference with anybody's Article 8 rights. Nobody was wrongly arrested. Nobody complained as to their treatment (save for the Claimant on a point of principle). Any interference with the Claimant's Article 8 rights would have been very limited. The interference would be limited to the near instantaneous algorithmic processing and discarding of the Claimant's biometric data. No personal information relating to the Claimant would have been available to any police officer, or to any human agent. No data would be retained. There was no attempt to identify the Claimant. He was not spoken to by any police officer.” 134. Mr Squires accepts that, on an appeal, it is not the function of this Court simply to make its own assessment of whether an interference with a Convention right was proportionate. The question for this Court is whether the assessment made by the Divisional Court was “wrong”, bearing in mind that this appeal consists of a review rather than a re-hearing. Mr Squires submits that the Divisional Court fell into error as a matter of approach when addressing the question of proportionality. He makes two main submissions on behalf of the Appellant.