The Home Office has just announced its revised plans to keep the DNA profiles of innocent people on the National DNA Database, despite an EU ruling that this constitutes a breach of human rights. The new policy, under which DNA samples can be taken from any individual stopped by police for an arrestable offence, permits retention of these samples for six years regardless of whether the individual was convicted or released without charge.
This directly contravenes the decision made by the European Court of Human Rights in the S and Marper case last December, in which all 17 judges unanimously ruled that the UK policy of indefinitely retaining DNA samples from people who had not committed a crime was illegal under EU law.
The Association of Chief Police Officers claimed that this ruling would seriously limit their use of DNA technology. They therefore advised chief constables to ignore the EU decision, and since the Strasbourg ruling, while the Home Office drafts new legislation in response to the EU's decision, police have added DNA profiles of over 90 000 people who have never been convicted of an offense to the database. Various proposals have been submitted, condemned by human rights organisations, rewritten, resubmitted - and no response to the EU ruling is yet to pass through Parliament. The current set of plans, if passed, are likely to be in contempt of the EU court, and will no doubt provoke another long-winded round of litigation. The Home Office is clearly making every attempt to avoid the strongly-worded recommendations of the ECHR, and while the UK legislators drag their feet, every day more innocent people are added to a criminal database.( So what's the problem? )