Publications

Submission: DoJ Consultation on Proposals to Amend the Legislation Governing the Retention of DNA and Fingerprints in NI

Read the Commission submission on the Department of Justice consultation on proposals to amend the legislation governing the retention of DNA and fingerprints in Northern Ireland.

Date produced September 2020.

Below is a summary of the recommendations.

You can also download the full document through the links provided.

The Northern Ireland Human Rights Commission (NIHRC):

• 2.14 recommends that the introduction and implementation of proposals relating to the retention of DNA and fingerprints in Northern Ireland fully and effectively addresses the specific issues raised in the Gaughran v UK judgment. Otherwise, the provisions are unlikely to strike the fair balance between public and private interests required under Article 8 of the ECHR.
• 3.8 believes that the maximum years of retention across the proposed ‘75/50/25’ model is too broadly constituted, disproportionate and is incompatible with Article 8 ECHR.
• 3.18 recommends that the Department of Justice considers revising the model proposed so that the retention of biometric material for offences is more tailored and proportionate to the offence and the circumstances.
• 3.19 recommends that the Department makes clear whether biometric material is retained after death and if so, when and in what circumstances it will be utilised including in respect of other family members and that human rights considerations are fully taken into account before any approach to retain biometric data is adopted after death.
• 3.22 recommends that the proposed amendment to retain biometric material on the basis of a conviction for a recordable offence committed extra-territorially is guided by the principles of necessity and proportionality in pursuit of a legitimate aim taking account of whether the data can be retained in the first place. The actual basis on which biometric material is retained should be set out transparently and fully comply with the principles contained in the Gaughran judgment.
• 4.7 recommends that the Department of Justice considers making provision for further protections and safeguards for the retention of biometric data to ensure it is in line with Article 8 ECHR, for 4 example having specific processes in place for dealing with different types of data including special categories of personal data or sensitive data.
• 5.3 recommends that the details of the review process is developed and published as soon as possible to ensure that a full analysis of the human rights implications of the measures can be comprehensively considered.
• 5.6 recommends that the role of the Northern Ireland Commissioner for the Retention of Biometric Material is extended to review existing, emerging and future biometrics for the use by the Police Service NI and other public bodies for law enforcement. This would fulfil the need to have an independent specialist authority to oversee the protection of personal data such as biometrics in compliance with Article 8 of the EU Charter for Fundamental Rights.
• 6.2 recommends that Police Service NI should set out what use it is considering making or currently utilising of algorithms, Automated Facial Technology and other digital approaches to prevent and detect crime within Northern Ireland.