THE DNA DEBATE

The DNA database held by authorities in Britain will not be multiplying further. The European court of human rights has ruled that retention of such profiles is unlawful.
More than 1.6 million records may now be destroyed.

The court also observed that the UK was the only one of the 47 members of the Council of Europe to permit the "systematic and indefinite" retention of DNA samples, reported the BBC’s news website.

The case

The ruling is a victory for two Britons who went to court seven years ago. Both Michael Marper, 45, and a 19-year-old man from Sheffield were charged in 2001. One for robbery at age 11 and the other for harassing his partner.

The police retained their DNA information.

The 17 judges decided that Britain had not respected the right to private life in this matter. Both of them were awarded 42,000 euros each in expenses.

Peter Mahy, the solicitor who represented both men told The Times newspaper that the result was a “fantastic result after a seven-year hard-fought battle against the UK Government”.

Undemocratic

"The court was struck by the blanket and indiscriminate nature of the power of retention," Reuters reported.

The judges of the court have been quoted in the Guardian as saying that this is "Could not be regarded as necessary in a democratic society".

Rights activists welcomed the verdict.

"The DNA profiles of roughly 85,000 innocent people should be taken off the National DNA Database," campaign group Liberty said in a statement to Reuters news agency.

Government response

Home Secretary Jacqui Smith was reportedly disappointed by the ruling.

She told Bloomberg news agency that the "DNA and fingerprinting is vital to the fight against crime, providing the police with more than 3,500 matches a month”.

A spokesman for the National Policing Improvement Agency, which manages the database, told the Telegraph newspaper that, "The National DNA Database is a key information tool which has revolutionised the way the police can protect the public through identifying offenders and securing more convictions.”

The judgment is largely perceived to be a huge setback for the Government and police.

Where from here?

Now, the government has until March to implement the ruling.

They cannot appeal against it and will have to propose a plan. Till then, the records will not be removed from the database.

In Scotland information related with the DNA of a person is kept on the database for three years if a he/ she has been acquitted of a serious assault or sex crime.

This is the model that many are expecting the government to consider very closely.