unlawful retention of innocent peoples DNA and fingerprints

February 2, 2009

Dear Mr. Anderson,

FREEDOM of INFORMATION ACT 2000

I write in connection with your request for information dated February 2, 2009 which was received by the Police Service of Northern Ireland (PSNI) on February 2, 2009. I note you seek access to the following information:

Questions on holding DNA and fingerprints on innocent people.

This request will be dealt with under the terms of the Freedom of Information Act 2000. A response should be sent to you within 20 working days. The Freedom of Information team will advise you in writing if there are any delays in responding to your request and will keep you advised of progress.

In the event where the cost of complying with the request would exceed the "appropriate level", which is fixed at £450, as stated in the Freedom of Information Regulations 2004, it is the policy of the PSNI to close the request. You will however be notified of this decision and given an opportunity to refine and resubmit the request.

If your request requires either full or partial transference to another public authority in order to answer your query, again, you will be notified.
If you have any queries regarding your request please write or contact the Freedom of Information Team on 028 9070 0164. Please remember to quote the reference number listed above in any future communications with the Freedom of Information Team.

If you are dissatisfied in any way with the handling of your request, you have the right to request a review.You should do this as soon as possible, or in any case within two months of the date of issue of this letter.In the event that you require a review to be undertaken, you can do so by writing to the Head of Freedom of Information, PSNI Headquarters, 65 Knock Road, Belfast, BT5 6LE or by emailing [email address].

If following an internal review, carried out by an independent decision maker, you were to remain dissatisfied in any way with the handling of the request you may make a complaint,under Section 50 of the Freedom of Information Act, to the Information Commissioner's Office and ask that they investigate whether the PSNI has complied with the terms of the Freedom of Information Act. You can write to the Information Commissioner at Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. In most circumstances the Information Commissioner will not investigate a complaint unless an internal review procedure has been carried out, however the Commissioner has the option to investigate the matter at his discretion.

Yours sincerely,

Mr Gordon Reid
A/Head of Freedom of Information

show quoted sections

February 2, 2009

Dear Mr. Anderson,

FREEDOM OF INFORMATION ACT 2000

I refer to your request for information dated February 2, 2009 which was
received by the The Police Service of Northern Ireland on February 2,
2009. I note you seek access to the following information:

On the 4th of December 2008 the European Court of Human Rights has
delivered at a public hearing its Grand Chamber judgement in the
case of S. and Marper v. the United Kingdom (application
nos.30562/04 and 30566/04).

The Court held unanimously that:

. "there had been a violation of Article 8 (right to respect for
private and family life) of the European Convention on Human
Rights;" with regards to the UK goverment holding DNA and
fingerprints on innocent people.

As the UK goverment has lost its case and was found to be
unlawfully holding DNA and fingerprint details of innocent people i
wish to know the following

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 ?

To enable the Police Service of Northern Ireland to meet your request
could you please clarify that the information you require is from the date
of the hearing on 4 December 2008.

You should be aware that the 20 day legislative time limit dictated by the
Freedom of Information Act 2000 has been stopped until we receive
clarification of your request.

Please send clarification of your request by writing to Freedom of
Information Team, PSNI Headquarters, 65 Knock Road Belfast BT5 6LE or by
email to [1][email address]. Alternatively, if you wish to discuss
your request or have any additional queries you can contact me on 028 9070
0164.

Yours sincerely,

Mr Gordon Reid
A/Head of Freedom of Information

show quoted sections

References

Visible links
1. mailto:[email address]

Subject: F-2009-00292

March 16, 2009

Dear Mr. Anderson,

FREEDOM of INFORMATION ACT 2000

I refer to your request for information dated February 2, 2009 which was
received by the Police Service of Northern Ireland on February 2, 2009
concerning:

On the 4th of December 2008 the European Court of Human Rights has
delivered at a public hearing its Grand Chamber judgement in the case of
S. and Marper v. the United Kingdom (application nos.30562/04 and
30566/04).

The Court held unanimously that:

There had been a violation of Article 8 (right to respect for private
and family life) of the European Convention on Human Rights;" with
regards to the UK government holding DNA and fingerprints on innocent
people.

As the UK government has lost its case and was found to be unlawfully
holding DNA and fingerprint details of innocent people wish to know the
following:

As of the 4th of December 2008

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

This is to inform you that the Police Service of Northern Ireland has
now completed its search for the information you requested. The
decision has been taken to disclose the located information to you in
full.

On the 4th of December 2008 the European Court of Human Rights has
delivered at a public hearing its Grand Chamber judgement in the case of
S. and Marper v. the United Kingdom (application nos.30562/04 and
30566/04).

The Court held unanimously that:

There had been a violation of Article 8 (right to respect for private
and family life) of the European Convention on Human Rights; with
regards to the UK government holding DNA and fingerprints on innocent
people.

As the UK government has lost its case and was found to be unlawfully
holding DNA and fingerprint details of innocent people I wish to know
the following

As of the 4th of December 2008

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

Along with all other forces in England and Wales, PSNI will await
direction from Government and legislative change before taking action to
permanently delete any samples of DNA or fingerprints. Until such time
PSNI will continue to operate within domestic legislation.

2: How many innocent people requested their DNA and fingerprint samples
be deleted?

There have been four requests to date.

3: If no DNA and fingerprint samples have been deleted I wish to know
the reasons WHY as the UK Government have been found to be in breach of
innocent peoples human rights and this would be considered a crime in
itself.

The European Court of Human Rights held that the blanket retention of
all DNA and fingerprints by police is in violation Article 8 of the
European Convention on Human Rights (ECHR) (right to respect for private
and family life). The implementation of this judgment is a matter for
the United Kingdom Government. It is anticipated that amendments will be
made to the relevant legislation in due course. However, it is not
possible at this stage to be certain what those amendments will be. In
the meantime, the PSNI is obliged to act in accordance with the
provisions of the Police and Criminal Evidence (Northern Ireland) Order
1989. These provisions do not require us to destroy any DNA or
fingerprint samples currently held.

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?

PSNI can assure you that, as a human rights compliant police service, we
will continue to comply fully with the provisions of the Human Rights
Act 1998 and other relevant legislation. Accordingly, when any changes
are made to the relevant legislation, the PSNI shall comply with them in
full

If you have any queries regarding your request or the decision please do
not hesitate to contact 028 9070 0164. When contacting the Freedom of
Information Team, please quote the reference number listed at the
beginning of this email.

If you are dissatisfied in any way with the handling of your request,
you have the right to request a review. You should do this as soon as
possible, or in any case within two months of the date of issue of this
letter. In the event that you require a review to be undertaken, you
can do so by writing to the Head of Freedom of Information, PSNI
Headquarters, 65 Knock Road, Belfast, BT5 6LE or by emailing
[PSNI request email]

If following an internal review, carried out by an independent decision
maker, you were to remain dissatisfied in any way with the handling of
the request you may make a complaint, under Section 50 of the Freedom of
Information Act, to the Information Commissioner's Office and ask that
they investigate whether the PSNI has complied with the terms of the
Freedom of Information Act. You can write to the Information
Commissioner at Information Commissioner's Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire, SK9 5AF. In most circumstances the Information
Commissioner will not investigate a complaint unless an internal review
procedure has been carried out, however the Commissioner has the option
to investigate the matter at his discretion.

Please be advised that PSNI replies under Freedom of Information may be
released into the public domain via our website @ www.psni.police.uk
<file:///C:/Documents%20and%20Settings/A001054MEHARG/Local%20Settings/Te
mporary%20Internet%20Files/OLK1751/www.psni.police.uk>

Personal details in respect of your request have, where applicable, been
removed to protect confidentiality.

Yours sincerely

Head of Freedom of Information

Crime Operations

PSNI

show quoted sections

Subject: F-2009-00292

March 16, 2009

Dear Mr. Anderson,

FREEDOM of INFORMATION ACT 2000

I refer to your request for information dated February 2, 2009 which was
received by the Police Service of Northern Ireland on February 2, 2009
concerning:

On the 4th of December 2008 the European Court of Human Rights has
delivered at a public hearing its Grand Chamber judgement in the case of
S. and Marper v. the United Kingdom (application nos.30562/04 and
30566/04).

The Court held unanimously that:

There had been a violation of Article 8 (right to respect for private
and family life) of the European Convention on Human Rights;" with
regards to the UK government holding DNA and fingerprints on innocent
people.

As the UK government has lost its case and was found to be unlawfully
holding DNA and fingerprint details of innocent people wish to know the
following:

As of the 4th of December 2008

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

This is to inform you that the Police Service of Northern Ireland has
now completed its search for the information you requested. The
decision has been taken to disclose the located information to you in
full.

On the 4th of December 2008 the European Court of Human Rights has
delivered at a public hearing its Grand Chamber judgement in the case of
S. and Marper v. the United Kingdom (application nos.30562/04 and
30566/04).

The Court held unanimously that:

There had been a violation of Article 8 (right to respect for private
and family life) of the European Convention on Human Rights; with
regards to the UK government holding DNA and fingerprints on innocent
people.

As the UK government has lost its case and was found to be unlawfully
holding DNA and fingerprint details of innocent people I wish to know
the following

As of the 4th of December 2008

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

Along with all other forces in England and Wales, PSNI will await
direction from Government and legislative change before taking action to
permanently delete any samples of DNA or fingerprints. Until such time
PSNI will continue to operate within domestic legislation.

2: How many innocent people requested their DNA and fingerprint samples
be deleted?

There have been four requests to date.

3: If no DNA and fingerprint samples have been deleted I wish to know
the reasons WHY as the UK Government have been found to be in breach of
innocent peoples human rights and this would be considered a crime in
itself.

The European Court of Human Rights held that the blanket retention of
all DNA and fingerprints by police is in violation Article 8 of the
European Convention on Human Rights (ECHR) (right to respect for private
and family life). The implementation of this judgment is a matter for
the United Kingdom Government. It is anticipated that amendments will be
made to the relevant legislation in due course. However, it is not
possible at this stage to be certain what those amendments will be. In
the meantime, the PSNI is obliged to act in accordance with the
provisions of the Police and Criminal Evidence (Northern Ireland) Order
1989. These provisions do not require us to destroy any DNA or
fingerprint samples currently held.

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?

PSNI can assure you that, as a human rights compliant police service, we
will continue to comply fully with the provisions of the Human Rights
Act 1998 and other relevant legislation. Accordingly, when any changes
are made to the relevant legislation, the PSNI shall comply with them in
full

If you have any queries regarding your request or the decision please do
not hesitate to contact 028 9070 0164. When contacting the Freedom of
Information Team, please quote the reference number listed at the
beginning of this email.

If you are dissatisfied in any way with the handling of your request,
you have the right to request a review. You should do this as soon as
possible, or in any case within two months of the date of issue of this
letter. In the event that you require a review to be undertaken, you
can do so by writing to the Head of Freedom of Information, PSNI
Headquarters, 65 Knock Road, Belfast, BT5 6LE or by emailing
[PSNI request email]

If following an internal review, carried out by an independent decision
maker, you were to remain dissatisfied in any way with the handling of
the request you may make a complaint, under Section 50 of the Freedom of
Information Act, to the Information Commissioner's Office and ask that
they investigate whether the PSNI has complied with the terms of the
Freedom of Information Act. You can write to the Information
Commissioner at Information Commissioner's Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire, SK9 5AF. In most circumstances the Information
Commissioner will not investigate a complaint unless an internal review
procedure has been carried out, however the Commissioner has the option
to investigate the matter at his discretion.

Please be advised that PSNI replies under Freedom of Information may be
released into the public domain via our website @ www.psni.police.uk
<file:///C:/Documents%20and%20Settings/A001054MEHARG/Local%20Settings/Te
mporary%20Internet%20Files/OLK1751/www.psni.police.uk>

Personal details in respect of your request have, where applicable, been
removed to protect confidentiality.

Yours sincerely

Head of Freedom of Information

Crime Operations

PSNI

show quoted sections