The Challenge
In December 2017, the NIHRC assisted an individual to initiate judicial review proceedings against the Police Service of Northern Ireland. It was argued that the decision to retain the individual’s DNA/fingerprints, and the process by which it was retained, breached the right to private and family life as guaranteed by Article 8 of the European Convention on Human Rights.
Human Rights engaged
Article 8 European Convention on Human Rights (ECHR).
Outcome
In settling the case, the applicant agreed to withdraw the judicial review proceedings on the basis that the individual’s fingerprints and DNA material were destroyed. The PSNI agreed to produce a formal policy on biometric data which will expressly take into account Article 8 and will provide members of the public with express guidance as to how they can seek to have their biometric data destroyed.
Current Status
In 2020, the Department of Justice consulted on proposals to amend the legislation governing the retention of DNA and fingerprints in NI in order to comply with the European Court of Human Rights' ruling in Gaughran v the United Kingdom.
In the absence of a long-term agreement and a legislative framework the Police Service of Northern Ireland (PSNI) implemented interim measures, which included the reinstatement of the Biometric Ratification Committee to determine all applications for deletion in line with the 1989 Order.