Keith Soothill & Brian Francis question the scientific argument for keeping innocent people on the DNA database
There is no doubt that the government is in a serious dilemma regarding the judgment of the European Court of Human Rights (ECtHR) delivered last December (S and Marper v The United Kingdom (App Nos. 30562/04 and 30566/04). The unanimous decision by 17 judges produced the damning verdict that the blanket policy in England and Wales of retaining indefinitely the fingerprints and DNA of all people who had been arrested but not convicted was in breach of Art 8 of the European Convention of Human Rights. However, the court did leave the door slightly ajar by agreeing with the government that the retention of the fingerprint and DNA data “pursues the legitimate purpose of the detection, and therefore, prevention of crime”. The question has become one of how far the door should be pushed open.
Opportunity
The Home Office has suggested a new policy and provided the opportunity to comment on the “reasonableness” of its proposals (see Keeping the Right People on the DNA
