British DNA policy violates human rights, says European Court

Dec 4, 2008, 14:03 GMT

London/Strasbourg - A ruling by the European Court of Human Rights in Strasbourg condemning Britain's policy of storing DNA samples from innocent people was described as 'disappointing' by the government in London Thursday.

The court said the DNA and fingerprints of two British men who had no previous convictions should not have been kept on a national database by police in Yorkshire, northern England.

The judges said keeping the information constituted a 'breach of rights' and 'could not be regarded as necessary in a democratic society.'

Britain's Home Secretary Jacqui Smith said she was 'disappointed' at the ruling and would consider the judgement 'carefully.'

She said DNA and fingerprinting was 'vital' in the fight against crime, providing the police with more than 3,500 matches a month.

The judgement could have serious implications on how DNA records are stored on a national database, which could now have to be scaled back in scope.

Smith said the existing law would remain in place while the judgement was being considered.

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 charged or convicted.

The ruling does not mean that police will be forced to delete the 850,000 records of innocent citizens - including tens of thousands of children - with immediate effect, commentators said.

But individuals could now challenge the holding of their genetic data in British courts and thus increase pressure on the government to amend legislation.

In total, the details of about 4.5 million people are held, of whom about a fifth do not have a criminal record, British figures show.

The two men who took their case to the European Court were awarded 36,400 pounds (53,310 dollars) in costs.

British civil rights group Liberty welcomed the ruling.

'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,' the group said.