Supreme Court: DNA database retention regs are unlawful
By Lewis Page,
The Register
| 05. 18. 2011
[United Kingdom]
The Supreme Court has ruled that guidance on the running of the national DNA database – which states that all collected DNA signatures should be retained other than in "exceptional" circumstances – is unlawful. However the court, noting that Parliament is considering the matter, has declined to specify any remedy for the situation.
The ruling (
53-page PDF/182KB [1]) follows appeals brought by two men, referred to as GC and C, against judgments which had seen their signatures kept on file indefinitely, even though GC had been released without charge following his sampling and C – facing allegations of rape – had been acquitted.
Police routinely collect DNA data on people they arrest, and in the vast majority of cases this data is kept on file indefinitely even if no charges or convictions ensue. The European Court of Human Rights ruled against this practice in 2008, but current guidance from the Association of Chief Police Officers (ACPO) states that chief constables have discretion to keep DNA data on file – even in the case of innocent persons requesting to have...
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