Direct Communications Unit

2 Marsham Street, London SW1P 4DF

Switchboard 020 7035 4848 Fax: 020 7035 4745 Textphone: 020 7035 4742

E-mail: [Home Office request email] Website: www.homeoffice.gov.uk

[FOI #5147 email]

Mr John Anderson

Reference: T26410/8

Dear Mr Anderson,

Thank you for your e-mail of 21/12/2008 11:54:31 PM, we apologise for the late response regarding your request for information stored on the National DNA database.

Only Chief Officers have the discretion to consider applications for the removal of Police National Computer (PNC) records and associated biometrics. The procedure which is known as the Exceptional Case Procedure is incorporated within the ACPO Retention Guidelines for Nominal Records on the PNC which can be found on the ACPO website at http://www.acpo.police.uk/asp/policies/Data/Retention%20of%20Records06.pdf .

Requests for deletion are made only to Chief Officers in each police area. Therefore I am unable to confirm the number of people who have requested their DNA and fingerprint samples to be deleted.

A just satisfaction award was paid to S and Marper for the sum of £35,501.56 (€39,386.93 at the Bank of England exchange rate of 1€ = 0.901354 GBP). Figures are not maintained for the ongoing costs associated with the consideration of this case.

The Government is considering the impact of the Judgment made on 4 December 2008 by the European Court of Human Rights on the retention of DNA and fingerprints in the case of S and Marper and will agree with the Council of Europe's Committee of Ministers on implementing the findings of the European Court. At this stage, the existing law on the taking and retention of DNA and fingerprints remains in place. This will continue to be the case until we are able to amend existing UK law.

The Home Secretary in her speech to the Intellect Trade Association on 16 December set out her initial thoughts on the European Court ruling. `We are considering the detail of the Judgment in the S and Marper case and its implications.  We need to ensure compliance with the Judgment whilst ensuring that we meet the difficult job of balancing rights against protection'.  

That is why the approach to the European Court's Judgment will be subject to wide consultation in the White Paper on Forensics, which is due to be published in the Spring.

If you are dissatisfied with this response you may request an independent internal review of our handling of your request by submitting your complaint within two months to the address below quoting references FOI 11250.

Information Rights Team
Information and Record Management Service
Home Office
4th Floor, Seacole Building
2 Marsham Street
London
SW1P 4DF

Email: [email address]

During the independent review the department's handling of your information request will be reassessed by staff who were not involved in providing you with this response. Should you remain dissatisfied after this internal review, you will have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act.

Yours sincerely,

Shanaz Khanche

Policing Powers and Protection