Paul Burke
By e-mail to [FOI #13142 email]
Our Reference: 46767
6th July 2009
Dear Mr Burke,
I am writing with reference to your request for information regarding the National
DNA Database (NDNAD), made under section 1(1) of the Freedom of Information
Act, dated and received by the National Policing Improvement Agency (NPIA) on 8th
June 2009.
You asked for the following information:-
Please advise how many Government Ministers, former Government
Ministers and Members of Parliament have through supporting the
policy of DNA collection, had their names placed upon the database?
Further to this request, should any Government Minister, former
Minister or Member of Parliament be named on the database, have any
sought to have their name removed from the database?
I am writing to advise you I have established that the information you requested is
not held by the NPIA.
The National DNA Database (NDNAD) holds very little information about a subject’s
identity – only their name, date of birth, sex and ethnic appearance. It does not
contain the details of somebody’s occupation. We would therefore be unable to
identify whether there were profiles retained on the NDNAD taken from government
ministers, former government ministers or members of parliament on the NDNAD
and consequently would be unable to determine whether any Government
Ministers, former Ministers or Members of Parliament have had their profiles deleted
from the NDNAD.
The NDNAD does not hold information on the individual cases for which DNA
samples were taken or in the case of volunteer samples the reason the sample was
National Policing Improvement Agency
taken; we would therefore be unable to determine whether people had volunteered
a profile to be on the NDNAD because they supported the policy of DNA collection.
The legal provisions governing the taking and retention of DNA samples and
fingerprints for the NDNAD are set out in the Police and Criminal Evidence Act
1984, as amended by the Criminal Justice & Police Act 2001 and the Criminal
Justice Act 2003. They provide that both DNA and fingerprints may be taken from a
person arrested for a recordable offence and retained indefinitely. People can also
voluntarily provide a sample for loading to the NDNAD. The majority of volunteer
samples are obtained from victims, third parties (other people who could have
legitimately been present at the crime scene) or a member of a population
identified for an intelligence-led screen, for elimination purposes in relation to the
investigation of a specific offence. Volunteer DNA samples may only be taken with
the person’s written consent to giving a DNA sample in order to assist the police
investigation. The resulting DNA profile is then compared in the forensic laboratory
with the DNA material recovered from the crime scene. Volunteer subject sample
profiles are only added to the NDNAD where the individual has also given separate
written consent for their profile to be loaded and retained on the NDNAD for
searching against other unsolved crime scene profiles.
In relation to the removal of records, under the provisions in PACE, the decision on
whether to agree to a request from an individual to have their DNA profile,
fingerprints and associated records removed from police databases lies with the
Chief Officer of the force which took the DNA sample and fingerprint records.
The Home Office issued a consultation document on 7 May 2009 which sets out a
range of proposals for a new retention framework for DNA and fingerprints which
focus on public protection and achieving a proportionate balance between the
powers of the police to tackle crime and safeguarding the rights of the individual.
The consultation will last for 12 weeks until 7 August.
Under data protection legislation we would only release the details of individuals
retained on the NDNAD when dealing with subject access requests. These requests
allow individuals to request their data held on the NDNAD. Personal information is
exempt under section 40 of the Freedom of Information Act.
Further statistical information relating to the NDNAD is published in the National
DNA Database Annual Reports the latest of these is available for download on the
NPIA web-site at http://www.npia.police.uk/en/11403.htm . Previous years reports
are available for download from the Home Office web-site at
http://www.homeoffice.gov.uk/science-research/using-science/dna-database/.
Your right to complain
We take our responsibilities under the Freedom of Information Act seriously but, if
you feel your request has not been properly handled or you are otherwise
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© NPIA (National Policing Improvement Agency) 2007
National Policing Improvement Agency
dissatisfied with the outcome of your request, you have the right to complain. We
will investigate the matter and endeavour to reply within 3 – 6 weeks. You should
write to:
Director of Resources
National Policing Improvement Agency
10-18 Victoria Street
London
SW1H 0NN
E-mail:
[email address]
If you are still dissatisfied following our internal review, you have the right, under
section 50 of the Act, to complain directly to the Information Commissioner. Before
considering your complaint, the Information Commissioner would normally expect
you to have exhausted the complaints procedures provided by the NPIA. The
Information Commissioner can be contacted at:
FOI Compliance Team (complaints)
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Further information about the NPIA is routinely published on our website at
www.npia.police.uk or through our publication scheme. If you require any further
assistance in connection with this request please contact us at our address above.
Yours sincerely,
NDNAD Delivery Unit
NPIA.
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© NPIA (National Policing Improvement Agency) 2007
