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DNA big brother Britian

Have you ever been arrested and let go by the police? A recent ruling by the European Court of Human Rights condemns the UK government's 'big brother' approach to the holding of our DNA.

Did you know that samples from around 4.5 million people in the UK are kept on the police computer, putting us at the top of the European leader board per head of population?  850,000 of the profiles held are from innocent people who were never charged. 

Even more shocking is that guidelines from the Association of Chief Police Officers advise Police to refuse all first time requests to delete samples. No explanation needed or given.

Unsurprisingly, the Court decided that the Government's policy interferes with the 'right to a private life'.  The UK was the only member of the EU to have such a blanket approach, with the possibility of indefinite retention.

Following what Shami Chakrabarti, Director of Human Rights group, Liberty, described as "one of the most strongly worded judgements that Liberty has ever seen from the Court of Human Rights" the Government is now under pressure from all angles to right their wrongs. 

Home Secretary, Jacqui Smith is reportedly disappointed with the decision, stating "DNA and fingerprinting is vital to the fight against crime," confirming the Government will be considering the decision before responding.

This judgment has opened the way for people to challenge the retention of their DNA. A change in the law will be welcomed by many, not least the innocent people whose details remain on the database.

For further details, please contact Catherine Junor, a Partner in our Private Criminal and Motoring Department on 01384 342136

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