CyberLaw Blog

Archive for the ‘DNA’ Category

Police arrest people just to create DNA records, claims ex-officer: “Police are arresting people purely for the purpose of ensuring that their DNA is sampled and recorded on the police’s national database, a report by Government advisory body the Human Genetics Commission (HGC) has said.”

(Via OUT-LAW News.)

Government will keep DNA profiles for six years, not 12: “The Government will remove from its DNA database the profiles of most adults arrested but not charged or convicted of an offence after six years. The Home Office announcement follows a ruling against the UK by the European Court of Human Rights (ECHR).”

(Via OUT-LAW News.)

DNA database swells despite human rights ruling: “

5.6 million records and still growing

An average of 40,000 profiles per month have been added to the National DNA Database since judges ruled the retention of samples from innocent people was illegal under human rights laws.…

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(Via The Register – Public Sector.)

Three months on, you still can’t get off the DNA database: “

Carry on sampling…

Almost three months on from the unanimous ruling by the European Court of Human Rights (ECtHR) against the UK’s mass retention of DNA of innocent people, the situation has turned worse. Although eventually the UK should become compliant with the ruling, police forces are adopting a wait and see attitude, while Jacqui Smith is pushing back any response.…

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(Via The Register – Public Sector.)

Human rights court rules UK DNA grab illegal: “

Jacqui Smith: Law to remain while judgment ‘carefully considered’

Updated The European Court of Human Rights has ruled that it is illegal for the government to retain DNA profiles and fingerprints belonging to two men never convicted of any crime.…

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(Via The Register – Public Sector.)

The case concerned the retention by the UK authorities of the applicants’ fingerprints, cellular samples and DNA profiles after criminal proceedings against them were terminated by an acquittal and were discontinued respectively. The European Court of Human Rights in one its most important decisions found a violation of article 8 (right to respect for private and family life) of the European Convention on Human Rights. The Court in summary stated that:

“The Court observes that the protection afforded by Article 8 of the Convention would be unacceptably weakened if the use of modern scientific techniques in the criminal-justice system were allowed at any cost and without carefully balancing the potential benefits of the extensive use of such techniques against important private-life interests. In the Court’s view, the strong consensus existing among the Contracting States in this respect is of considerable importance and narrows the margin of appreciation left to the respondent State in the assessment of the permissible limits of the interference with private life in this sphere. The Court considers that any State claiming a pioneer role in the development of new technologies bears special responsibility for striking the right balance in this regard.”

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