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   Web Issue 3498 July 5 2009   
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DNA database a breach of human rights, court rules
CATHERINE FEGANDecember 05 2008

Nearly one million innocent people could have their records removed from the national DNA database after a court ruled holding them breached their human rights.

In a landmark decision which could have major implications on how DNA records are stored, the European Court of Human Rights held that two British men should not have had their DNA and fingerprints retained by police.

The judgment sparked calls last night for the UK Government to follow the example of Scotland, where police must destroy the DNA records of suspects who are not convicted, except where criminal proceedings were raised against them for a sexual or violent offence.

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 details of about 4.5 million people are held and one in five of them does not have a current criminal record.

Earlier this year Stephen House, Chief Constable of Strathclyde Police, Scotland's biggest force, called for a debate on whether Scotland should implement the English model of retaining the DNA of all suspects as a first step towards a national database.

But in a unanimous ruling issued yesterday, the Strasbourg court condemned the "blanket and indiscriminate nature" of powers given to police in England, Wales and Northern Ireland. The decision related to information on two men which was held by South Yorkshire Police, although neither man was convicted of any offence.

Human rights groups welcomed the Strasbourg judgment and called for the UK Government to follow the example of Scotland.

Shami Chakrabarti, director of human rights group Liberty which helped fund the case, urged ministers to let Parliament debate new database rules.

"This is one of the most strongly worded judgments that Liberty has ever seen from the Court of Human Rights," she said. "That court has used human rights principles and common sense to deliver the privacy protection of innocent people that the British Government has shamefully failed to deliver."

The court ruled in a case brought by two Sheffield men who asked that their DNA records be destroyed.

Michael Marper, 45, was arrested in March 2001 and charged with harassing his partner, but the case was dropped three months later after the two were reconciled. He had no previous convictions.

Meanwhile, a 19-year-old named in court only as "S" was arrested and charged with attempted robbery in January 2001 when he was 12, but he was cleared five months later.

The men asked that their fingerprints, DNA samples and profiles be destroyed.

South Yorkshire Police refused, saying the details would be retained "to aid criminal investigation".

The men lost in the House of Lords, which ruled that keeping the information was not illegal under the Criminal Justice and Police Act, and did not breach human rights.

But earlier this year, when the cases came before the Human Rights Court, lawyers for the two men argued that keeping the DNA of innocent citizens left them under a cloud of suspicion.

The judges said decisions on collecting DNA data needed to balance the benefits with "important private-life interests" and should weigh up the age of the defendant, their alleged offence, and whether or not the records should be held indefinitely.

Home Secretary Jacqui Smith said she was "disappointed" with the decision taken by the European Court of Human Rights.

"DNA and fingerprinting is vital to the fight against crime, providing the police with more than 3500 matches a month," she 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."


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