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11 December 2008
Issue: 7349 / Categories: Features , Human rights
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Law reports Edited by the All England Law Reporters

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Human Rights—Privacy—Retention of fingerprints and DNA samples
S and another v United Kingdom (App Nos 30562/04 and 30566/04)
European Court of Human Rights, 4 December 2008
The blanket and indiscriminate nature of the powers of retention of fingerprints, cellular samples and DNA profiles of persons suspected but not convicted of offences constitutes a violation of Art 8 of the European Convention on Human Rights

The police lawfully took fingerprints and DNA samples from the applicants in two separate cases after each had been arrested and charged. Neither had previous convictions. One of the applicants was acquitted and proceedings against the other were discontinued.

Section 64(1A) of the Police and Criminal Evidence Act 1984 (PACE) authorised the police to retain such fingerprints or DNA samples after they had fulfilled the purposes for which they had been taken, and provided that they were not to be used “except for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution”. The chief constable decided

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