unlawful retention of innocent peoples DNA and fingerprints

John Anderson made this Freedom of Information request to West Yorkshire Police

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

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 your police force be routinely be deleting records of innocent people ?

Yours faithfully,

John Anderson

West Yorkshire Police

1 Attachment

Please find attached an acknowledgement of your Freedom Of Information request
Regards
[name removed] [name removed]
Freedom of Information Team West Yorkshire Police
01924 292719
01924 292202

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West Yorkshire Police

1 Attachment

  • Attachment

    Freedom of Information Transfer to Data Protection 216172782113808875.pdf

    48K Download View as HTML

Please find our response to your request
attached letter of response here
Regards
[name removed] [name removed]
Freedom of Information Team West Yorkshire Police
01924 292719
01924 292202

Freedom of Information - Transfer to Data Protection - 216172782113808875.pdf

_________________________________________________

LOCAL POLICE UPDATES: Use your postcode to read local news from your
Neighbourhood Policing Team, and sign up for free email updates,
on http://www.westyorkshire.police.uk/npt

This email carries a disclaimer, a copy of which may be read at
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Dear Sir or Madam,

With regards to West Yorkshire's Police response to my request i am requesting an internal review.

To quote you're response

" I write in connection with your request dated 05 Feb 2009 and received by the Freedom of Information Office. You have asked for details of any information held about you and in any format by West
Yorkshire Police. Your request for information has now been considered and I am not obliged to supply the information
you have requested. Such information is exempt under Section 40 (Personal Information) of the Freedom of Information Act 2000. This exemption applies because the right given under the Act to
request official information held by public authorities does not apply to personal data - any such requests become Subject Access Requests under the Data Protection Act 1998.

At no point have ever have i requested information about myself or requested information about any other specific individual .

As you should be aware a Subject Access Request is a request made by an individual for information held on that individual.

By way of example, if i had to request how many serving police officers serving on West Yorkshire's Police force had criminal conviction or cautions i would expect a numerical response, ie; 32 service offices have convictions or cautions. If i asked if PC X Y or Z had a conviction i would expect a refusal.

Another quote from you're response

"Should you wish to know what information (if any) West Yorkshire Police holds about you (not anyone else), or you would like confirmation that you do, or do not have a prosecution / conviction history, you must complete a Subject Access form. Payment of £10.00 fee and proof of identification must accompany a completed application form"

for clarification, i have never requested information regarding information about myself or any named individual only a group of people who were not convicted and therefor innocent . I also do not wish to send £10 or identification as the information i have requested should be accessible under a freedom of information request.

FYI, i do not have a criminal conviction or have my DNA and fingerprints on record

Yours sincerely,

John Anderson

West Yorkshire Police

Dear Mr Anderson,

I refer to your last email where you requested an internal review: please accept our apologies with respect to the response you were sent, which you quoted.

Due to a communication error on our part your request was mistakenly handled; as such please be assured your request has not yet been considered as we previously stated - we are in the process of gathering the information you have requested as a matter of urgency.

Given the fact we sent that email to you in error, would you still require an internal review?

I hope you can accept our sincerest apologies.

Kind regards

Freedom of Information team

_________________________________________________

LOCAL POLICE UPDATES: Use your postcode to read local news from your
Neighbourhood Policing Team, and sign up for free email updates,
on http://www.westyorkshire.police.uk/npt

This email carries a disclaimer, a copy of which may be read at
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Dear Sir or Madam,

Thank you for your quick reply. I am willing to accept the original reply was an error and therefor no longer wish an internal review.

I also appreciate that West Yorkshire Police would have more important commitments and there is no need to gather the information i requested as a matter of urgency as i am willing to wait the 20 days as set down in the FOI act.

Yours sincerely,

John Anderson

West Yorkshire Police

2 Attachments

Please find our response to your request
attached letter of response here
Regards
Janette Mitchell
Freedom of Information Team West Yorkshire Police
01924 292719
01924 292202

25067_Anderson_V2.doc
FOI COMPLAINT RIGHTS.doc

_________________________________________________

LOCAL POLICE UPDATES: Use your postcode to read local news from your
Neighbourhood Policing Team, and sign up for free email updates,
on http://www.westyorkshire.police.uk/npt

This email carries a disclaimer, a copy of which may be read at
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David Mery left an annotation ()

> Whilst this judgement has gone against the Government, it does not have any impact upon the current retention fingerprint and DNA policy until UK law is changed by our Parliament. It therefore follows that the current legislation and procedures remain unaffected by this ruling.

This is not correct. The current retention policy is defined in ACPO guidelines and could be changed immediately. The law needs to be changed by Parliament to ensure that it becomes illegal to create guidelines that breach the ECtHR ruling.
More on this at http://www.theregister.co.uk/2008/12/17/...

br -d