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13 August 2009
Issue: 7382 / Categories: Legal News , EU , Human rights
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DNA proposals disproportionate

Storage proposals fail to meet Convention requirements

Government proposals  for the retention of the DNA of innocent people are disproportionate and are unlikely to satisfy the European Convention on Human Rights (the Convention).

The Law Society, writing in response to a Home Office consultation, said that the proposed application of lengthy retention periods, “fails to strike the correct balance between the needs of the state to detect crime and the right to privacy of the individual”.

The consultation, Keeping the Right People on the DNA Database, was issued after a finding by the European Court of Human Rights that the blanket policy of the indefinite retention of fingerprints and DNA from those arrested but not convicted was in breach of Art 8. The court said that the retention of DNA profiles was “a disproportionate interference with the applicants’ right to respect for private life”.

The government proposals would result in the DNA record of those arrested but not convicted of a recordable offence being automatically deleted after six years. Those arrested for a serious violent or sexual offence or a terrorism-related offence would have their

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Jurit LLP—Caroline Williams

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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