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Commission raises continued concerns over DNA proposals

05 January 2010

The Equality and Human Rights Commission will today tell the Home Affairs Select Committee that many of the government’s revised proposals relating to the retention of DNA material remain incompatible with the European Convention on Human Rights.

Despite the proposed changes to the Crime and Security Bill that would see a reduction on the retention of samples from 12 to six years, the Commission believes the proposed policy does not meet the European Court of Human Rights requirement for the UK Government to have clear, justifiable reasons for holding on to DNA data from people who have not been convicted of a crime. 

The Commission has “grave concerns” about some of the proposals contained in the Bill. In particular the Commission argues in evidence to the Select Committee that it does not support the indefinite retention of DNA profiles of an adult convicted of any recordable offence. Instead, the severity of the crime should be taken into account in determining a limited retention period.

Further, the Commission does not support:

• The retention for six years of DNA profiles of an adult arrested for a recordable offence but where no conviction is obtained
• The lack of a mechanism for the independent review of decisions made by the Chief Constables about whether to retain data in individual cases
• A new power to take a DNA sample and fingerprints from anyone previously convicted or a recordable offence after 1995
• The lack of a time limit on the exercise of new powers to obtain a DNA sample from someone convicted of a serious offence abroad or subject to a control order.

John Wadham, Group Director Legal at the Commission, said:

“The ability to obtain and retain DNA samples is vital in the fight against crime.  However, winning that fight must not come at the expense of the violation of the rights of innocent people.

“The European Court of Human Rights has made it incumbent on the government to strike the right balance between an individual’s right to privacy and the right of other people to be protected from a crime that might be committed. Commission will continue to press the government on the changes it believes are still necessary to ensure the protection of innocent people.”

Ends

See also: Response to consultation on DNA Database proposals

For more press information contact the Equality and Human Rights Commission media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Equality and Human Rights Commission’s national helpline: England 0845 604 6610 / Scotland 0845 604 5510 / Wales 0845 604 8810.

Notes to Editors

Background to the issue:

The European Court of Human Rights requires the UK Government to have clear, justifiable reasons for holding on to DNA data from people who had not been convicted of a crime.

In the case of S and Marper v United Kingdom (Dec 2008), the European Court of Human Rights found that the 'blanket and indiscriminate' nature of the powers of retention of fingerprints, DNA samples and profiles of persons suspected but not convicted of offences in England and Wales interferes with their right to respect for their private lives (Article 8 of the European Convention on Human Rights).  It found that such a retention regime is not proportionate and fails to strike a fair balance between the competing interests.  The Court emphasised the general principle that an interference with an individual's right to privacy will only be considered 'necessary in a democratic society' for a legitimate aim if it answers a 'pressing social need' and, in particular, if it is proportionate to the legitimate aim pursued and if the reasons adduced to justify it are 'relevant and sufficient' (emphasis added).

Following the ruling, in May 2009 the Home Secretary began a consultation process on keeping DNA samples taken from people without criminal convictions. Any draft guidelines published as a result of this are not expected to take effect until 2010. 

The Commission submitted a response to the Government consultation, ‘Keeping the Right People on the DNA Database’ which noted that it believed further changes were required to the way DNA profiles are stored and used by the state if it is to comply with the law. The full submission can be found here.

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.  It is the independent advocate for equality and human rights in Britain.  It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.  The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act.  It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.