Richard Ford, Home Correspondent
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More than 1.6 million DNA and fingerprint samples of innocent people on police databases must be destroyed after a court ruled yesterday that keeping them breaches human rights.
The landmark judgment by the European Court of Human Rights is a big setback for the Government and police, who insist that storing the records is a key weapon in fighting crime. Ministers have until March to implement the ruling or find a way of retaining records that satisfies the court. Until then none of the records will be removed from the databases.
Jacqui Smith, the Home Secretary, and senior police officers said they were disappointed with the ruling at the Strasbourg court but human rights groups welcomed the unanimous judgment.
In their ruling the court condemmed the “blanket and indiscriminate nature” of powers given to police in England, Wales and Northern Ireland and said retaining the information “could not be regarded as necessary in a democratic society”.
The court said that keeping the DNA samples and fingerprints of people acquitted of offences, or where proceedings were dropped, breached a person’s right to respect for private life. The 17 judges said the retention of the data stigmatised an individual.
It said that the use of modern scientific techniques in the criminal justice system and their potential benefits must be balanced against important private life interests. The judges said that any country claiming a pioneer role in the development of new technologies bore special responsibility for striking the right balance.
“In particular, the data in question could be retained irrespective of the nature or gravity of the offence for which an individual was originally suspected, or of the age of the suspected offender; the retention was not time-limited; and there existed only limited possibilities for an acquitted individual to have the data removed from the nationwide database or to have the materials destroyed,” the ruling said.
The ruling is a victory for two Britons who have been fighting to have their DNA samples removed from the database after police insisted on keeping them.
Michael Marper, 45, was arrested in March 2001 and charged with harassing his partner. His fingerprints and DNA were taken, but before his trial he and his partner were reconciled and the case was discontinued later. Mr Marper from Sheffield, South Yorkshire, had no previous convictions.
In a separate case, a 19-year-old, named in court only as S, was arrested and charged with attempted robbery in January 2001 when he was 12. S, also from Sheffield, was cleared five months later Both asked South Yorkshire police to destroy their profiles but the police refused, saying the details would be retained to “aid criminal investigations”.
Peter Mahy, the solicitor who represented both men, said the result was a “fantastic result after a seven-year hard-fought battle against the UK Government”. He added: “There is a very clear principle here that innocent people should not be disadvantaged in any way.”
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 acquitted or the charge is dropped. In Scotland, DNA is kept on the database for three years if a person is acquitted of a serious assault or sex crime.
Samples of 4.6 million people are on the DNA database – the largest in the world – and 7.5 million fingerprints are held on a separate register.
An estimated 800,000 DNA samples are of people acquitted or whose cases never reached court, because charges against them were dropped or never brought. At least a further 800,000 would have to be scrapped from the separate fingerprint database The Home Office highlighted the benefits of retaining samples of people acquitted of crimes who then go into to commit further offences.
At the end of 2005, samples taken from 14,000 crime scenes including 114 murders, 55 attempted murders and 116 rapes had been matched to 8,500 individuals who had been arrested but had charges dropped or had been acquitted of other crimes, the department said.
Shami Chakrabarti, director of Liberty, welcomed the decision. “The 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,” she said.

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" Honest question- even if DNA records of everyone were available to anyone, what is the worst thing that could happen?
Joe , London,"
A future authoritarian government coud use it to remove those with "defective" DNA from the population.
JonathanL, Newcastle, UK
You write that "In their ruling the court condemmed the blanket and indiscriminate nature of powers given to police in England, Wales and Northern Ireland and said retaining the information could not be regarded as necessary in a democratic society.
This is no longer a democratic society.
Simon, Bath, UK
Appears that European courts protect our privacy better tthan our own.
I never thought I would see an English police state.
Note. That in Scotland DNA is kept for 3 years, but our scottish masters insist Englands is kept for ever.
Time to petition the Queen to dissolve parliament as is her right.
Howard, Basildon, England
Wake up people, DNA is NOT 100% accurate, a national database is the biggest threat to the citizens of this country, it only requires someone to make a mistake in the filing or collecting of the DNA to destroy someones life, also it can be used to remove politicaql opponents.
Kevin Berry, Swindon, England
Criminals will find counter measures to avoid detection.If the DNA database grew much more in size,or if it was made mandatory that all citizens were on it then it is obvious what the criminal fraternity would do to counter this.The stealing & selling of our DNA to plant at crime scenes by criminals
Steve, LONDON,
We need to understand, justice must be seen to be done, this includes the innocent. The uk govt, can not be trusted with this DNA Data.Thank you EU Court. I also worry the UK will ignore this. Make no mistake the UK is NOT a free society.
But i have to say the people of the uk dont help themselves
J Farquhar, Doncaster,
The database helps our police solve crimes and put criminals in jail. People would want them to have this tool if they were a victim of a serious crime. Honest question- even if DNA records of everyone were available to anyone, what is the worst thing that could happen?
Joe , London,
A lot of these comments seem simply misguided. The ECHR has not banned taking the DNA and fingerprints at the point of arrest and comparing them during the period of bail to DNA and fingerprints held from crime scenes.
The ECHR has simply banned them from being retained indefinitely.
Ahmed, Bristol,
The only advantage that those without DNA on the database receive is a sporting chance of getting away with major crimes such as rape and murder. This decision shows a concern for the literal minutiae of the law matched by complete indifference to the protection of the innocent - typical lawyers!
Mark, Leicester, UK
The problem is...DNA is not foolproof, despite the belief that it is.....and subsequently, the innocent can do time for something they never did....
Its just lazy policing....Surely we can do better than that!
pazz, london, uk
If 1% of the DNA samples from people acquitted, provided solutions to 114 murders; 55 attempted murders and 116 rapes - are we seriously going to destroy them. Every society gets the kind of criminal it deserves and we sure will if we allow this nonsense.
Joseph, St. Helens, UK
As a victim of assault, I think this is a serious blow. 'Innocent' people claim they are stigmatized by this, but I would like some consideration for those lives seriously blighted by crimes which would otherwise remain forever unsolved. A sad move indeed.
Gus, Surrey,
I believe this is a step in the wrong direction. For anyone who has ever been affected by crime, this is a clear signal of making it easier for criminals. If someone is innocent what is wrong with having their DNA on file - the justice system in this country is weak on crime.
John, London,
Perhaps this is the start of other actions against the Home Office and The Police to restore some of the freedoms that have been taken away from us by this wretched government. Any figures that the government give out regarding crimes solved through database matching have to be viewed with suspicion
Josh Martin, Oxford , England
Impressive indeed. Seems to be right step. DNA is not one of things what should be kept by police nor anyone else besides you.
Slime, London,
i think its about time.... i mean if you are innocent , then why do they need to keep the data...
Adam, London, UK
A sensible decision by the European Court. It was outrageous that anyone arrested would have their DNA on a database indefinitely.
I worry that the decision to take all this DNA was ever allowed in the first place and Jacqui is "reviewing" the decision :(
I prefer to be presumed innocent.
Duncan, Ashford,
This is a step in the wrong direction! DNA should be collected from every person in England, Scotland, Wales and Northern Island and stored by the police so they can use this in order to fight against crime. Why destroy the innocent people's DNA, it should be kept in order to prove they are innocent
Jake, Liverpool,
It would be interesting to find out how many of these 1.6 million people will go on to commit a horrible crime AFTER their DNA has been wiped out. I wonder on whose side those righteous human rights people are. Certainly not the victims...
Caroline Henny, London , UK
Have not had the time to read all the articles relating to this but, I work In IT so there will have been backups taken Daily/Weelkly/Monthly/yearly. So will all these tape be erased if not then the names will not be completely removed from records
stuart mulligan, london, london
The collection of DNA evidence has helped Police catch serial killers and travelling offenders who commit their crimes in many different counties/countries. "Innocent" sometimes depends on the quality of the barrister, the intimidation applied to witnesses and the amount of money thrown at a case.
Sarah, Manchester, UK
The police as usual misused their powers, even taking DNA from passengers in cars they stopped "on suspicion", or kids in trouble at school. Such abuse of police powers is usual since labour came to power. I'll bet a dollar to a DNA sample the government will find a way to flout this court ruling
george Edwards, Beijing, China
Ever asked a police officer about DNA mapping and how it works? The response will be a stunned silence. It doesn't exactly take a degree to become an officer, so why entrust them with information they would never understand, its like giving a toddler a calculator...
John, Oxford, United Kingdom
once again the world is full of celebrations about victories for human rights / civil liberties etc. Lets identify a better method of crime prosecution / deterrent before simply claiming that the means doesn't justify the ends for the innocent as it never seems to wash with victims - funny that
Brett, southampton, england
Utter clap trap! Every person in the UK from birth and those when "allowed to enter this country" should have DNA put on record. It's not the innocent that should worry its the thief, murderer and manic terrorist that should worry!
With DNA the innocent are protected not like in the past!
Steve Davies, Welwyn Garden City, UK
Of course it helps police but so would cameras and microphones in everyones house, also microchips to track people would help, it doesn't mean we should do this, we shouldn't have to sacrifice our privacy becuase the police want it easy
Pete, Newcastle,
The Police can only effect powers that the Government of the day give them, and follow their orders! It was/is obvious that such a boon to the investigative process could be misused by those wanting results to prove that their policy was the right one! The Police reflect societies makeup!
Anthony WALKER, Louth, England
The police - and stunningly also a labour government - will do much to invade the private space. The police do it because it is in their inherent nature to grab power to themselves as an organization. The government is helping al qaeda to destroy the liberty of the citizens of Britain - fools!!
Stefan Hultberg, roskilde, denmark
I'm not a fan of the European Courts in general, but in this case they have got it right. As others have pointed out, the principle of 'innocent until proven guilty' is key here - it was only a matter of time until DNA evidence was misused or misinterpreted and an innocent person falsely convicted.
Christopher Hill, Colchester, UK
Bravo! Score one for citizens' rights in a free society: but have no doubts, the assault on privacy in the name of "security" will go on forever. As seen in Andrew's statement, many people have no due regard for their individual rights and will cede them to any authority figure to feel "safer".
Geoffrey Tudor, Sequim, WA, USA
As a victim whose perpatrator was brought to justice through the use of a DNA database I disagree with this decision. The man eventually convicted was a suspect (but walked free) in a previous, similar case. Well done the police for taking the sample and thankfully the database existed at the time.
Joe, London,
Excellent decision! DNA records should ONLY be retained in the event of a final conviction, i.e. after all appeal processes have been exhausted. There is no justification for retaining DNA samples of innocent people, or for those acquitted.
Chris , Hong Kong, Hong Kong
I am astounded that people could oppose the decision of the Court.
These people were all either found Not Guilty or charges were never brought (or were dropped). We have a principal in this Country - Innocent until proven Guilty. Their DNA should ONLY be retained if they are actually convicted.
Jonathon Staples, Cardiff, Wales, United Kingdom
I have no objection to a database that is properly constructed with proper safeguards and proposed properly through parliament. Instead we're creating one by stealth taking DNA samples of all people arrested at a crime scene be they innocent or guilty.
John Goode, Welwyn Garden City, UK
The usual route of conviction is when a new offender is matched to dna from a crime scene ,storing samples from innocent indivduals is of little use.The decision also kicks into touch the national id scheme.Thank god for the court of human rights.
g.p.edlin, london, uk
Once again, Europe is interfering in British affairs. Why doesn't the government jusy ignore this ridiculous decision. Many of the most serious offences have been detected through the use of the DNA database, which also is capable of protecting the innocent. I say keep it & grow it.
Abe, Manchester, UK
Several states in the United States (most notably Virginia) maintain similar databases. There is no strong objection to the practice here and many laud these programs as they have brought justice to numerous unsolved cases. There should be more concern for real victims, not perpetrators.
Andrew Degnan, Washington, DC, USA
A good and sensible decision. And long overdue. But there is the worry that the ruling won't be complied with.
richard, bangkok,
But surely the same applies, say, to collecting fingerprints from every citizen and storing them in a database. Spain does this and has never been taken to court over it.
I fail to see what right these people have to interfere in the way we organise the fight against crime.
David Pritchard, Madrid, Spain
And why was Scotland excused from this abuse? Is it because there are so many Scottish ministers in the UK govt, by any chance?
T Croft, Palm Beach, USA
Sanity prevails for once, but who will ensure the Police comply with this court order? They seem to be a law unto themselves.
Neil, Gloucestershire, England