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| Version 4 | Version 5 |
|---|---|
| DNA database 'breach of rights' | DNA database 'breach of rights' |
| (about 1 hour later) | |
| Two British men should not have had their DNA and fingerprints retained by police, the European Court of Human Rights has ruled. | Two British men should not have had their DNA and fingerprints retained by police, the European Court of Human Rights has ruled. |
| The men's information was held by South Yorkshire Police, although neither was convicted of any offence. | The men's information was held by South Yorkshire Police, although neither was convicted of any offence. |
| The judgement could have major implications on how DNA records are stored in the UK's national database. | The judgement could have major implications on how DNA records are stored in the UK's national database. |
| The judges said keeping the information "could not be regarded as necessary in a democratic society". | The judges said keeping the information "could not be regarded as necessary in a democratic society". |
| Home Secretary Jacqui Smith said she was "disappointed" by the European Court of Human Rights' decision. | Home Secretary Jacqui Smith said she was "disappointed" by the European Court of Human Rights' decision. |
| The database may now have to be scaled back following the unanimous judgement by 17 senior judges from across Europe. | The database may now have to be scaled back following the unanimous judgement by 17 senior judges from across Europe. |
| 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. | 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. |
| Discriminatory | Discriminatory |
| The details of about 4.5m people are held and one in five of them does not have a current criminal record. | The details of about 4.5m people are held and one in five of them does not have a current criminal record. |
| Both men were awarded £36,400 (42,000 Euros) in costs, less the money already paid in legal aid. The existing law will remain in place while we carefully consider the judgement Jacqui Smith, Home Secretary | Both men were awarded £36,400 (42,000 Euros) in costs, less the money already paid in legal aid. The existing law will remain in place while we carefully consider the judgement Jacqui Smith, Home Secretary |
| The court found that the police's actions were in violation of Article 8 - the right to respect for private and family life - of the European Convention on Human Rights. | The court found that the police's actions were in violation of Article 8 - the right to respect for private and family life - of the European Convention on Human Rights. |
| It also said it was "struck by the blanket and indiscriminate nature of the power of retention in England and Wales". | It also said it was "struck by the blanket and indiscriminate nature of the power of retention in England and Wales". |
| The judges ruled the retention of the men's DNA "failed to strike a fair balance between the competing public and private interests," and that the UK government "had overstepped any acceptable margin of appreciation in this regard". | The judges ruled the retention of the men's DNA "failed to strike a fair balance between the competing public and private interests," and that the UK government "had overstepped any acceptable margin of appreciation in this regard". |
| The court also ruled "the retention in question constituted a disproportionate interference with the applicants' right to respect for private life and could not be regarded as necessary in a democratic society". | The court also ruled "the retention in question constituted a disproportionate interference with the applicants' right to respect for private life and could not be regarded as necessary in a democratic society". |
| 'Privacy protection' | |
| The home secretary said: "DNA and fingerprinting is vital to the fight against crime, providing the police with more than 3,500 matches a month. | The home secretary said: "DNA and fingerprinting is vital to the fight against crime, providing the police with more than 3,500 matches a month. |
| "The government mounted a robust defence before the court and I strongly believe DNA and fingerprints play an invaluable role in fighting crime and bringing people to justice. | |
| "The existing law will remain in place while we carefully consider the judgement." FROM THE TODAY PROGRAMME class="" href="http://news.bbc.co.uk/today/hi/default.stm">More from Today programme | |
| Human rights group Liberty said it welcomed the court's decision. | |
| Director Shami Chakrabarti said: "This is one of the most strongly worded judgements that Liberty has ever seen from the Court of Human Rights. | |
| "That 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." | |
| Phil Booth, of the NO2ID group, which campaigns against identity cards, said: "'This is a victory for liberty and privacy. | |
| "Though these judgements are always complicated and slow in coming, it is a vindication of what privacy campaigners have said all along. | |
| "The principle that we need to follow is simple - when charges are dropped suspect samples are destroyed. No charge, no DNA." | |
| Rights breach claim | |
| One of the men who sought the ruling in Strasbourg, Michael Marper, 45, was arrested in 2001. | |
| He was charged with harassing his partner but the case was later dropped. He had no previous convictions. | He was charged with harassing his partner but the case was later dropped. He had no previous convictions. |
| The other man - a teenager identified as "S" - was arrested and charged with attempted robbery but later acquitted. | The other man - a teenager identified as "S" - was arrested and charged with attempted robbery but later acquitted. |
| In both cases the police refused to destroy fingerprints and DNA samples taken when the men 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. |
| The men went to the European Court of Human Rights after their cases 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. |
| They argued that retaining their DNA profiles is discriminatory and breaches their right to a private life. | They argued that retaining their DNA profiles is discriminatory and breaches their right to a private life. |
| The government claims the DNA profile from people who are not convicted may sometimes be linked to later offences, so storing the details on the database is a proportionate response to tackling crime. | The government claims the DNA profile from people who are not convicted may sometimes be linked to later offences, so storing the details on the database is a proportionate response to tackling crime. |
| Scotland already destroys DNA samples taken during criminal investigations from people who are not charged or who are later acquitted of alleged offences. | Scotland already destroys DNA samples taken during criminal investigations from people who are not charged or who are later acquitted of alleged offences. |
| The Home Office has already set up a "contingency planning group" to look into the potential implications arising from a ruling in favour of the men. | The Home Office has already set up a "contingency planning group" to look into the potential implications arising from a ruling in favour of the men. |
| Are you affected by the issues raised in the story? What is your reaction to the ruling? Send us your comments using the form below: | Are you affected by the issues raised in the story? What is your reaction to the ruling? Send us your comments using the form below: |
| In most cases a selection of your comments will be published, displaying your name and location unless you state otherwise in the box below. | In most cases a selection of your comments will be published, displaying your name and location unless you state otherwise in the box below. |