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unlawful retention of innocent peoples DNA and fingerprints

John Anderson made this Freedom of Information request to Cleveland Police

The request was successful.

From: John Anderson

31 January 2009

Dear Sir or Madam,

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:

ยท "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 ?

Yours faithfully,

John Anderson

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Cleveland Police

2 February 2009

Dear Mr Anderson,
Enquiry Ref : 2009/1498

I acknowledge receipt of your enquiry dated 31.01.09 and received by Cleveland police on 02.02.09 requesting information concerning DNA and fingerprints.

As set out by the Freedom of Information Act it will be our aim to respond to your request by 02 March 2009. In some cases, however, we may be unable to achieve this deadline. If this occurs we will advise you of the likely timescale within which the response will be provided.

If you have any questions regarding your request please contact me.

Yours sincerely,

Pc 18 Tony Greenheld
Freedom Of Information
Wetherby House
Tel 01642 306858

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Cleveland Police

10 March 2009

Dear Mr Anderson,
Enquiry Ref : 2009/1498

I write in connection with your request for information dated 02 February 2009 concerning DNA records.You asked:-

As of the 4th of December 2008

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

A) One

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

A) Three

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.

A) One lot of samples have been deleted the other two are still being investigated.

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 ?

A) This is not a freedom of information request under S8 of the Act as you are not asking for recorded information.

If you are not satisfied with this response or any actions taken in dealing with your request you have the right to request that we review your case under our review procedure. If you decide to request that such a review is undertaken and following this process you are still dissatisfied you then have the right to direct your complaint to the Information Commissioner for consideration.

If I can be of any further assistance please do not hesitate to contact me.

Yours sincerely,

Pc 18 Tony Greenheld
Freedom Of Information
Wetherby House
Tel 01642 306858

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