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Dear
In response to your request to have your DNA samples, fingerprints and photograph removed from their respective databases and to be destroyed I have to inform you that it will not be possible to do so at this point in time.
Sussex Police is fully aware of the decision made in the European Court of Human Rights (the `S & Marper' case) and, in line with all other Police forces, we are awaiting comment from the Association of Chief Police Officers (ACPO) and the Home Office before we proceed with any remedial action.
Your fingerprints, photograph and DNA sample were taken lawfully in accordance with the Police and Criminal Evidence Act and are held legitimately on their respective databases. Until the law is amended by an Act of Parliament then Sussex Police will continue to take the required samples from all persons detained for a recordable offence and store them appropriately.
To quote the ACPO spokesperson on this matter, Chief Constable Chris Sims on 4th December 2008:
“It is important to stress that the existing law on the taking and retention of DNA and fingerprints remains in place. The Police will continue to take DNA from those people arrested for crimes and will investigate crimes and bring offenders before the court using DNA evidence until such time as there is a legislative change.”
I appreciate that this is not the answer you were hoping for, but I trust you understand that no Police force will take unilateral action on this matter until it is resolved nationally.
Yours sincerely
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