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DNA database 'breaches human rights'

Updated on 04 December 2008

Source ITN

The DNA details of hundreds of thousands of Britons could be wiped from the Government database after a European ruling.

The European Court of Human Rights said keeping samples from people with no criminal convictions is a breach of their human rights.

Police regularly store DNA samples from people they arrest even if they are not charged. They argue they are a "key intelligence tool" that helps solve crimes.

Scotland already destroys DNA samples taken during criminal investigations from people who are not charged or who are later acquitted of alleged offences.

Now, England, Wales and Northern Ireland may have to follow suit and erase the details of around 850,000 innocent people from the 4.5 million samples held.

Home Secretary Jacqui Smith said she was "disappointed" with the ruling, adding the existing law would remain in place while ministers considered the judgment.

"DNA and fingerprinting is vital to the fight against crime, providing the police with more than 3,500 matches a month, and I am disappointed by the European Court of Human Rights' decision," Ms Smith said.

It comes after two Britons successfully fought a change in the law after police insisted on keeping their DNA records.

One was only 12 when his DNA sample was taken. Known only as "S" he was cleared of robbery in 2001.

The other, Michael Marper, 45, was arrested in March 2001 and charged with harassing his partner. The case was dropped three months later after the two were reconciled. He had no previous convictions.

Both from Sheffield, South Yorkshire Police refused to erase their DNA samples, saying the details would be retained "to aid criminal investigation".

Taking their case to Europe, Strasbourg judges in the case said keeping the DNA of innocent people on a criminal register amounted to discrimination and a breach of the "right to respect for private life" safeguarded by the Human Rights Convention.

© Independent Television News Limited 2008. All rights reserved.

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