header-logo header-logo

13 August 2009
Issue: 7382 / Categories: Legal News , EU , Human rights
printer mail-detail

DNA proposals disproportionate

Storage proposals fail to meet Convention requirements

Government proposals  for the retention of the DNA of innocent people are disproportionate and are unlikely to satisfy the European Convention on Human Rights (the Convention).

The Law Society, writing in response to a Home Office consultation, said that the proposed application of lengthy retention periods, “fails to strike the correct balance between the needs of the state to detect crime and the right to privacy of the individual”.

The consultation, Keeping the Right People on the DNA Database, was issued after a finding by the European Court of Human Rights that the blanket policy of the indefinite retention of fingerprints and DNA from those arrested but not convicted was in breach of Art 8. The court said that the retention of DNA profiles was “a disproportionate interference with the applicants’ right to respect for private life”.

The government proposals would result in the DNA record of those arrested but not convicted of a recordable offence being automatically deleted after six years. Those arrested for a serious violent

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Charles Russell Speechlys—Justine Howard

Charles Russell Speechlys—Justine Howard

Charles Russell Speechlys appoints Justine Howard as General Counsel

Gibson Dunn—Suzanne Thomson

Gibson Dunn—Suzanne Thomson

Gibson Dunn further bolsters business restructuring and reorganization practice in London

Penningtons Manches Cooper—Rachel Yao

Penningtons Manches Cooper—Rachel Yao

Penningtons Manches Cooper expands international private wealth practice with new Singapore partner

NEWS
One in six people with a legal dispute in the past two years used an AI chatbot to discuss the issue or draft complaints, research by charity JUSTICE and research group the Administrative Fairness Lab has found
The Meta settlement indicates civil claims are more effective than regulation when it comes to forcing tech giants to change, according to online safety lawyer Mark Jones
Artificial intelligence (AI) is now used by 94% of lawyers for legal work, with one in ten dependent on AI to do their job, according to LexisNexis
An immersive exhibition drawing on 70 appeals heard at the Supreme Court, Judicial Committee of the Privy Council and House of Lords, has opened to the public
Up to 100 more pupillages for criminal barristers could be provided each year, under a match-funding scheme boosted by £1.5m funding from Ministry of Justice
back-to-top-scroll