unlawful retention of innocent peoples DNA and fingerprints

John Anderson made this Freedom of Information request to North 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

Hunter, Kayley,

2 Attachments

show quoted sections

Dear Mr Anderson

Please see the attached.

<<1556.09 ack.doc>> <<Complaints Rights .doc>>
Yours sincerely

Kayley Hunter

Legal Officer (Disclosure)
Information Law, Legal and Compliance Services Directorate
Ext: 6957
Tel: 01609 789957

North Yorkshire Police
Police HQ
Newby Wiske
North Yorkshire

Terry, Elizabeth,

3 Attachments

show quoted sections

For the attention of John Anderson
Please find attached response to your request

Richard Taylor left an annotation ()

The ACPO / ACRO advice has been released as part of the response to this request.

That advice and the force position is:
"The decision made by the European Court of Human Rights made on 04 December 2008 does not have any impact in the UK until current legislation is changed by Parliament. Until that time DNA samples and fingerprints in these cases can be legally retained. "

I have written an article on Cambridgeshire Police Authority's discussion on the European Court Ruling. The same ACPO/ARCO advice was reported and a member of the authority argued that their position was wrong: