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.
Keeping DNA samples of innocent people breaches their human rights, a court has been told.
Both were arrested and DNA samples were lawfully taken. But the men were later cleared and have no criminal record.
Two British men have brought a case to the European Court of Human Rights in Strasbourg to try to get their DNA removed from the UK national database.
Their lawyers will say that keeping the information infringes their right to privacy and anti-discrimination laws.
The men, both from Sheffield, were arrested and had DNA lawfully sampled but were later cleared of any offence.
The government said that if the case is successful, it may have to "reconsider" its policy on DNA sampling.
A ruling is expected later this year, and if successful could mean hundreds of thousands of samples being removed.
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.
'Convention breached'
If the men win their case then we would need to reconsider current rules Home Office spokesman
Lawyers for the men told the court that retaining DNA samples casts suspicion on people who have been acquitted of crimes or had their cases dropped.
Michael Marper, 45, was arrested in 2001 and charged with harassing his partner. The case was later dropped after the couple were reconciled.
They said they should be treated the same as people who have not been under suspicion, and therefore do not have to have their DNA and fingerprint samples on record.
Keeping such records of innocent people breached "respect for private life" and "prohibition of discrimination" aspects of the Human Rights Convention, the lawyers added.
The Home Office has acknowledged the current DNA database of 4.5 million samples in England and Wales could be affected by the case.
DNA proved vital in the recent high-profile cases of Steve Wright, who murdered five women in Suffolk, and Mark Dixie, murderer of Sally Anne Bowman.
They were both caught after their DNA had been taken in connection with unrelated offences.
Samples kept
One of the men seeking the ruling in Strasbourg, Michael Marper, 45, was arrested in 2001.
He was charged with harassing his partner but 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.
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.
In both cases the police refused to destroy fingerprints and DNA samples taken when the men 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.
The men went to the European Court of Human Rights after their cases were thrown out by the House of Lords.
Discrimination protection
All DNA samples taken during criminal inquiries in England and Wales are retained, but most are destroyed in Scotland if the person is not charged or convicted.
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.
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.
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.
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:
