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

Yours faithfully,

John Anderson

Staffordshire Police

1 Attachment

Dear John

Reference No: 1300/09

Thank you for your request which will be dealt with under the terms of the
Freedom of Information Act 2000.

Your request will now be considered and 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 Staffordshire Police 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.

Regards
===============================================
Steven W. Clark
Freedom of Information Officer
Staffordshire Police
Ext. 2411 Direct Dial: 01785 232411

John Anderson To FOI requests at Staffordshire
<[FOI #7440 email]> Police
<[Staffordshire Police request email]>
31/01/2009 00:26 cc
Please think of the environment. Do you Subject Freedom of Information request -
really need to print this email? unlawful retention of innocent
peoples DNA and fingerprints

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

show quoted sections

Staffordshire Police

Dear Mr. Anderson

I am dealing with your freedom of information request on behalf of
Staffordshire Police.
Please be assured that the matter is receiving attention however there
will be a delay in response.
I hope to update you further within the next few days.
If you have any queries please do not hesitate to contact me on the number
provided.

Yours sincerely,

Det. Insp. Martin Yates
01785-218612

show quoted sections

Staffordshire Police

1 Attachment

Dear Mr. Anderson,

Thank you for your freedom of information request in relation to the
following subject:-

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 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 ?

My response to each question is as follows;

1. No records have been deleted to date.
2. Staffordshire Police currently have four applications under
consideration.
3. As previously stated we do have cases under review. I would also like
to refer you to the following response.
4. Please see the attached copy letter, the contents of which reflect the
current stance of Staffordshire Police. A limited amount of detail has
been redacted from the correspondence under exemption 31(1)(a)(b)(c)
of the Freedom of Information Act (Law Enforcement) on the basis that
to release this information would prejudice effective law enforcement
and outweighs any public interest considerations in favour of so
releasing it.

I hope this information is of assistance to you. I have provided a contact
number below should you have any queries.

Should you be dissatisfied with the outcome of your information request,
you do have the right of complaint under section 17(7) of the Freedom of
Information Act 2000. If you wish to appeal this decision, please inform
me in writing. Your application and the decision will be reviewed by the
Review Board, who will either, uphold, amend or overrule my decision.
Should this not resolve the matter to your satisfaction, you will then
have the right to appeal to the Information Commissioner, who regulates
compliance with the Freedom of Information Act 2000.

Yours sincerely,

Det. Insp. Martin Yates
Crime Review Team
01785-218612

show quoted sections

John Cross left an annotation ()

Extract from response:

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

Individuals ... should await the full response to the ruling by Government prior to seeking advice and/or action from the Police Service in order to address their personal issues on the matter."

David Mery left an annotation ()

These ACRO "lines to take" have been interpreted slightly differently by the different forces. For a few examples see http://www.theregister.co.uk/2009/03/02/...

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