Two British men are due to appear before Strasbourg's European Court of Human Rights to try to get their DNA removed from the UK national database.
Two British men are due to appear before Strasbourg's European Court of Human Rights to try to get their DNA removed from the UK national database.
Both were arrested and DNA samples were lawfully taken. But the men were later cleared and have no criminal record.
Both were arrested and DNA samples were lawfully taken. But the men were later cleared and have no criminal record.
Their lawyers will say that keeping the information infringes their right to privacy and anti-discrimination laws.
Their lawyers will say that keeping the information infringes their right to privacy and anti-discrimination laws.
If the case is successful, tens of thousands of similar DNA records would have to be destroyed.
The government said that if the case is successful, it may have to "reconsider" its policy on DNA sampling.
World's largest
The two men - both from Sheffield - are seeking a ruling from the Strasbourg court that keeping their DNA profiles and fingerprints on record is a breach of their human rights.
The DNA database, which covers England and Wales, currently contains around 4.5m profiles - routinely taken from criminal suspects after most arrests.
If the men win their case then we would need to reconsider current rules Home Office spokesman
It is already the largest of its kind in the world but is controversial.
Michael Marper, 45, was arrested in 2001 and charged with harassing his partner. The case was later dropped after the couple were reconciled.
The other man - a teenager identified as "S" - was arrested and charged with attempted robbery but was later acquitted.
In both cases, the police refused to destroy fingerprints and DNA samples taken when the men, who had no criminal record at the time, were taken in to custody.
They were prompted to take their cases to the European Court of Human Rights when they were thrown out by the House of Lords.
Discrimination protection
Lawyers for the men argue there are concerns about the possible future uses of samples kept on record, which are being used in ongoing criminal investigations.
They said that retaining the information casts suspicion on people who have been acquitted of crimes or had their cases dropped.
The judges are being asked to rule that such people should be treated the same as UK citizens who have not faced suspicion, and not have to have their DNA and fingerprints samples on record.
To do so, say the lawyers, is a breach of the Human Rights Convention, which guarantees "respect for private life" and the "prohibition of discrimination".
A ruling from the Human Rights judges is expected later this year.
A spokeswoman for the Home Office said: "If the men win their case then we would need to reconsider current rules on the collection and retention of DNA and fingerprint samples."
'Infringes privacy'
The DNA database, which covers England and Wales, currently contains around 4.5m profiles - routinely taken from criminal suspects after arrests.
It is already one of the largest of its kind in the world but it is controversial.
Since 2004, the data of everyone arrested for a recordable offence - all but the most minor offences - has remained on the system regardless of their age, the seriousness of their alleged offence, and whether or not they were prosecuted.
Since 2004, the data of everyone arrested for a recordable offence - all but the most minor offences - has remained on the system regardless of their age, the seriousness of their alleged offence, and whether or not they were prosecuted.
The convictions of killers Steven Wright and Mark Dixie owed much to the police DNA database.
The pressure group Liberty says that keeping someone's DNA sample who has not been convicted of a crime, infringes an individual's right to privacy. It also complains the DNA of black and ethnic minorities are over-represented on the database.
Both were caught after samples taken from them in connection with other crimes were matched with those found on the bodies of their victims.
It believes that if the men's case is successful, it will provoke national debate on whether the routine retention of the DNA samples of innocent people is justified.
'No silver bullet'
Det Supt Stuart Cundy, who led the murder hunt which led to Dixie's conviction, has argued for a universal register holding the DNA of every UK resident.
He said such a tool would have enabled police to identify Mark Dixie within hours instead of months.
The Association of Chief Police Officers (Acpo) has also called for a debate on the issue, but the government has said a mandatory database is impractical.
Home Office minister Tony McNulty, responding at the time of Acpo's call, said it was not a "silver bullet" and it would raise practical as well as civil liberties issues.
"How to maintain the security of a database with 4.5m people on it is one thing. Doing that for 60m people is another," he added.
Have you had a similar experience? Is your DNA on file despite being cleared of all charges against you? If you have any information you would like to share with the BBC you can do so using the form below:
Have you had a similar experience? Is your DNA on file despite being cleared of all charges against you? If you have any information you would like to share with the BBC you can do so using the form below:
