Police DNA database violates children’s privacy rights, says European Court

The European Court of Human Rights today ruled that the refusal to destroy fingerprints and DNA samples taken from two people, S and Michael Marper, is against their right to privacy under article 8 of the European Convention on Human Rights.

S and Michael Marper had both been arrested and had their fingerprints and DNA samples taken by the police. S was 12 when he was arrested. Both were found not guilty and had asked to have their personal information destroyed.

When this was refused, they brought a case in the UK courts saying that keeping the data was against their right to privacy. The case went all the way to the Lords but was dismissed. S and Michael Marper then took the case to the European Court of Human Rights.

The European Court’s ruling on UK police keeping fingerprints and DNA samples overturns the decision of the UK courts. This means it may affect thousands of people whose personal data is held on police databases.

Katy Swaine, CRAE’s Legal director, said:

‘This judgment is a ‘wake up’ call for Ministers who are habitually disregarding children’s privacy rights. Action must now be taken to remove the profiles of thousands of innocent children from police databases…We will use this ruling to oppose unjustified government intrusions into children’s privacy…’.

The European Court mentioned that the UN Convention on the Rights of the Child gives extra protection to children in trouble with the law, and that the privacy rights of children are especially important.

Read CRAE’s press release on this ruling

Find out more about the European Court of Human Rights

Posted on Thursday, December 04, 2008 in