Excessive Retention of DNA Profiles Violates Privacy  

Extracts from the article as follows:

The judgment is useful, [Pete] Weatherby says, in that it brings the Grand Chamber ruling in S and Marper v UK directly into domestic law. He continues: “It also asserts that the probable legislative solution – to introduce a system similar to the Scottish model, where DNA profiles are only retained, where there are no convictions, in cases of serious sexual and violent offences, and then only for a limited time (three years initially) – would likely be compatible with the Convention.”

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He adds: “This judgment renders the current policy unlawful, but practitioners should be mindful of the legislative changes which are expected to be made in the near future. Although the police may be more willing to remove data from the database in light of this ruling the courts are likely to be reluctant to give relief pending the legislative changes that are afoot.”

He says, therefore, that it is unlikely that there will be a surge of further such claims at present. “It is to be hoped that the Government will announce a review of the information currently on the database once the new legislation is in place. Otherwise many individuals will wish to pursue claims at that stage.”

Quick links

> 27/5/11 - Excessive Retention of DNA Profiles Violates Privacy (LexisWeb) - link to the full article

> R (GC and C) v Commissioner of Police for the Metropolis [2011] UKSC 21 judgment