DNA fingerprint databases: Apparently I am "against justice"

The BBC reports (DNA data plan comes under fire) that the Government's wholly inadequate response to the European Court of Human Rights ruling that retention of DNA profiles of individuals who have not been convicted of an offence is attracting considerable criticism.

In response to a number of commentators' objections to the Government's plans to continue to retain these data for up to 12 years,

Commons Leader Harriet Harman said the plan's critics were "against justice".

Personally, I think the Government needs to sharpen up its thought processes.  Fortunately we have pressure groups to keep a watch out for excessively authoritarian politicians:

Shami Chakrabarti, director of civil rights group Liberty, added: "This isn't necessarily a complete two fingers to the court of human rights but it comes pretty close.

"The logic of the government's position would be to take every man, woman and child in the country and put them on the database, just in case."

Interestingly, the Government's response to the European Court of Human Rights ruling is to define two classes of innocent people, those who have not committed a crime of a violent or sexual nature (who's DNA profile will be retained for 12 years), and those who have not committed a lesser crime, and who are therefore just that bit more innocent,their data being retained for a mere 6 years.  In Scotland, records can only be held beyond three years, up to a maximum of five, if police get court permission - a system deemed "fair and proportionate" by the European court.

Why the Home Office can't just align itself with that system is unknown (except that it's run by a bunch of officious busybodies who want to monitor everything that we do).  Instead, the Home Office proposal is to:

  • Destroy all original DNA samples, like mouth swabs, as soon as they are converted into a digital database profile
  • Automatically delete after 12 years the profiles of those arrested but not convicted of a serious violent or sexual crime
  • Automatically delete after six years the profiles of anyone arrested but not convicted of other offences
  • Retain indefinitely the DNA profiles and fingerprints of anyone convicted of a recordable offence
  • Remove the profiles of young people arrested but not convicted, or convicted of less serious offences, when they turn 18

It will be interesting to see what the European Court of Human Rights have to say about this.

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Bossard Wheelers '10' 9th May 2009
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