Response to retention and destruction of fingerprints and DNA data

Last Updated: Tuesday, 9 March 2021

The Commission responded to the Department of Justice’s consultation paper which proposed a new framework for retaining DNA and fingerprint data.
In the case of S and Marper v UK# in December 2008# the European Court of Human Rights found that the policy of indefinitely retaining DNA samples and profiles from innocent persons who are suspected# but not convicted# of offences violated Article 8 of the ECHR (right to private life).
The law in Northern Ireland needs to be changed.
The Commission’s response -

  • comments on whether the Northern Ireland proposals meet what was required by the judgment
  • comments on the lack of interim measures since the judgment# and
  • expresses concerns about a proposed UK-wide ‘national security’ exemption.