Unlawful retention of innocent peoples DNA and fingerprints

The request was successful.

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:

· "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 the Metropolitan Police Service be routinely be deleting records of innocent people ?

Yours faithfully,

John Anderson

Metropolitan Police Service (MPS)

Dear Mr Anderson

Freedom of Information Request Reference No: 2009020000041
I write in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 2 February 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
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
?
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 the Metropolitan Police Service be routinely
be deleting records of innocent people ? "

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act). You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party. In some circumstances the MPS may be unable to achieve this
deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your right of
complaint.

Should you have any further enquiries concerning this matter, please write
or contact K.Simmons via the e-mail address at the top of this letter,
quoting the reference number above.

Yours sincerely

K.Simmons
Policy and Support Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Metropolitan Police Service (MPS)

Dear Mr Anderson

Freedom of Information Request Reference No: 2009020000041

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 02/02/2009. 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 the Metropolitan Police Service be routinely be deleting
records of innocent people ?

I am sorry to inform you that we have not been able to complete our
response to your request by the date originally stated, unfortuanately we
are still waiting advice from the Association of Chief Police Officers and
can not respond until we have this advice.

I can now advise you that the amended date for a response is 27/03/2009.

May I apologise for any inconvenience caused.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to make a complaint.

Should you have any further enquiries concerning this matter, please
contact me on 020 7230 2003 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Andrew Beaumont
SCD Information Manager

COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again -

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.

The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

Metropolitan Police Service (MPS)

Dear Mr Anderson

Freedom of Information Request Reference No: 2009020000041

I respond in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 02/02/2009. 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 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 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 the Metropolitan Police Service be routinely be deleting
records of innocent people ?

EXTENT OF SEARCHES TO LOCATE INFORMATION

To locate the information relevant to your request searches were conducted
within the Specialist Crime Directorate - The Exceptional Case Unit and
DNA Service Unit.

RESULT OF SEARCHES

The searches located information relevant to your request.

DECISION

I have today decided to disclose the located information to you in full.

At question 1 you asked: How many DNA and fingerprint samples of innocent
people have been deleted ?

The MPS response is: Between 4 December 2008 and 10 March 2009, the MPS
has deleted 3 individuals' DNA and fingerprints using the Exceptional Case
Procedure.

At question 2 you asked: How many innocent people requested their DNA and
fingerprint samples be deleted?

The MPS response is: Between 4 December 2008 and 10 March 2009, a total
of 58 individuals have requested their DNA removed using the Exceptional
Case Procedure. 55 of these requests are still pending

At question 3 you asked: 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 MPS response is: We continue to delete DNA using the Exceptional Case
Procedure, a link to which is below:

http://www.met.police.uk/foi/pdfs/other_...

At question 4 you asked: As there is no right of appeal from a final
decision made by the Grand Chamber when will the Metropolitan Police
Service be routinely be deleting records of innocent people ?

The MPS response is: In December 2008 the European Court of Human Rights
(Grand Chamber Judgement), found against the UK in that there has been a
violation of Article 8 in respect of the retention of fingerprints and DNA
from persons suspected but not convicted. Individuals who consider that
they fall within this ruling should await the full response to the ruling
by Government prior to seeking advice and / or action from the MPS in
order to address their personal issues on the matter.

Until the law is changed by Parliament there will be no changes to the
MPS's policy, procedures and action regarding the taking and retention of
these samples.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet which details your right of
complaint.

Should you have any further enquiries concerning this matter, please write
or contact me on telephone number 020 7230 2003 quoting the reference
number above.

Yours sincerely

Andrew Beaumont
SCD Information Manager
In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service 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 MPS Directorate of Legal
Services, 1st Floor (Victoria Block), New Scotland Yard, Victoria, London,
SW1H 0BG.
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome and encouraged to
discuss the decision with the case officer that dealt with your request.

Ask to have the decision looked at again –

The quickest and easiest way to have the decision looked at again is to
telephone the case officer that is nominated at the end of your decision
letter.

That person will be able to discuss the decision, explain any issues and
assist with any problems.

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF

In all possible circumstances the MPS will aim to respond to your
complaint within 40 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700

show quoted sections

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