DNA database ruling

Posted: December 4, 2008 in Uncategorized
Tags: , ,

The storage of innocent people’s DNA by the UK government “could not be regarded as necessary in a democratic society”, according to the European Court of Human Rights.
Court judges made the comment as they ruled that two British men should not have had their DNA and fingerprints retained by police.
The men’s information was held by South Yorkshire Police, although neither was convicted of any offence.
The judgment is likely to have major implications on how DNA records are stored in the UK national database.
The details of about 4.5 million people are held and one in five of them does not have a criminal record.
Under present laws, the DNA profiles of everyone arrested for a recordable offence in England, Wales and Northern Ireland are kept on the database, regardless of whether they are charged or convicted.
The European court found that the police’s actions in the case of the two men were in violation of Article 8 – the right to respect for private and family life – of the European Convention on Human Rights.
The judges ruled the retention of their DNA “failed to strike a fair balance between the competing public and private interests,” and that the UK government “had overstepped any acceptable margin of appreciation in this regard”.
Home Secretary Jacqui Smith said: “The government mounted a robust defence before the court and I strongly believe DNA and fingerprints play an invaluable role in fighting crime and bringing people to justice.
“The existing law will remain in place while we carefully consider the judgment.”
Phil Booth, of the NO2ID group, which campaigns against identity cards, said: “This is a victory for liberty and privacy.
“Though these judgments are always complicated and slow in coming, it is a vindication of what privacy campaigners have said all along.
“The principle that we need to follow is simple – when charges are dropped suspect samples are destroyed. No charge, no DNA.”
The Nuffield Council on Bioethics reports on the ethical questions raised by recent advances in biological and medical research.
Its director, Hugh Whittall, said: “We agree wholeheartedly with this ruling. The DNA of innocent people should not be kept by police.
“People feel it is an invasion of their privacy, and there is no evidence that removing from the DNA database people who have not been charged or convicted will lead to serious crimes going undetected.
“The government now has an obligation to bring its own policies into line.”
Plaid Cymru AM Leanne Wood said the ruling “should signal the start of a process whereby the police should destroy DNA and fingerprints of all those who have not been convicted”.
“We are living that people living in a so called democratic society yet these two men had to take their case to a European Court to defend their human rights,” she said.
“This decision comes just before the 60th anniversary of the Universal Declaration of Human Rights on the December 10. Now more than ever we must be vigilant about our rights. This case shows why we must remain vigilant about our rights.”

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