Mr John Anderson

Freedom of Information Section

Nottinghamshire Police

Telephone:- 0115 9672507

Facsimile:- 0115 9672896

E-mail: [email address]

[FOI #7449 email]

8^th December 2009

Dear Mr Anderson

Request under the Freedom of Information Act 2000 (FOIA)

Reference No: FOI09-1995

I write in connection with your request for information dated 31^st January 2009, which was received by Nottinghamshire Police on 2^nd February 2009, and acknowledged by e-mail on 2^nd February 2009. Clarification requested on the 2^nd February 2009 request closed 2^nd April 2009 and reopened after receiving clarity on the 22^nd September 2009 I note you seek access to the following information:-

As of the 4th of December 2008

1: How many DNA and fingerprint samples of innocent people have

deleted ?

2: How many innocent people requested their DNA and fingerprint

samples be deleted?

3: If no DNA and fingerprint samples have been deleted i wish to

know the reasons WHY as the UK Goverment have been found to be in

breach of innocent peoples human rights and this would be

considered a crime in itself.

4: As there is no right of appeal from a final decision made by the

Grand Chamber when will your police force be routinely be deleting

records of innocent people ?

Following receipt of your request searches were conducted within Nottinghamshire Police to locate information relevant to your request.

Decision

Please see enclosed response

Complaints Rights

Your attention is drawn to the enclosed review procedure, which details your right of complaint.

Copyright

Nottinghamshire Police in complying with their statutory duty under Sections 1 and 11 of the Freedom of Information Act 2000 (FOIA) to release the enclosed information will not breach the Copyright, Designs and Patents Act 1988.

However, the rights of the copyright owner of the enclosed information will continue to be protected by law. Applications for the copyright owner's written permission to reproduce any part of the attached information should be addressed to the Force Solicitor, Nottinghamshire Police, Force Headquarters, Sherwood Lodge, Arnold, Nottinghamshire, NG5 8PP.

I would like to take this opportunity to thank you for your interest in Nottinghamshire Police.

Should you have any further enquiries concerning this matter, please write or contact the Freedom of Information Officer on telephone number 0115 9672507 or e-mail [email address] quoting the above reference number.

Yours sincerely

Freedom of Information Officer

Enc

RESPONSE

Under S 1 (1) (a) of the Freedom of Information Act 2000 (FOIA), I can confirm that Nottinghamshire Police does hold the information you have requested.

As of the 4th of December 2008

1: How many DNA and fingerprint samples of innocent people have

deleted ?

As of the 4th of December 2008, Nottinghamshire Police destroyed 17 DNA Samples and 2 Fingerprint samples 

2: How many innocent people requested their DNA and fingerprint

samples be deleted?

Since 04/12/2009: 39 individuals.

Information not held in relation to “innocent people”.

Each application for removal goes through the Exceptional Cases Procedure. The information is collated and then presented to the Acting Chief Constable who then decides whether the request is granted.

3: If no DNA and fingerprint samples have been deleted I wish to

know the reasons WHY as the UK Goverment have been found to be in

breach of innocent peoples human rights and this would be

considered a crime in itself.

The question asked is only relevant if no DNA and Fingerprint Samples have been destroyed.   The response to question 1 identifies that both DNA and Fingerprints have been destroyed and thus this question is not relevant in these circumstances. 

4: As there is no right of appeal from a final decision made by the

Grand Chamber when will your police force be routinely be deleting

records of innocent people ?

Nottinghamshire Police are awaiting Home Office Guidance/Legislation on this matter following the S. and Marper v. The United Kingdom (2008) ruling.