Government will keep DNA profiles for six years, not 12

The proposed six-year limit excludes terrorism suspects, including juvenile suspects.

The ECHR ruled last December that the UK Government's "blanket and indiscriminate" retention of DNA information was not fair and was a "disproportionate interference with the applicants' right to respect for private life", as guaranteed by the European Convention on Human Rights.

In the wake of that judgment the Home Office said earlier this year that it planned to retain DNA profiles on innocent people for a maximum period of 12 years. Critics said that that Government's plans did not go far enough.

"These proposals are not quite two fingers to the European Court of Human Rights but they come pretty close," said Shami Chakrabarti, director of human rights group Liberty, at the time.

Following a public consultation, which received more than 500 responses, the Home Office said today that it will remove from the National DNA Database the profiles of all adults arrested but not charged or convicted of any recordable offence after six years.

It will also remove profiles of 16 and 17 year-old juveniles arrested but not charged or convicted of serious offences after six years; it will remove profiles of all other juveniles arrested but not charged or convicted of a recordable offence after three years, regardless of age at arrest; and it will retain DNA profiles of all juveniles convicted of all but the most serious recordable offences for five years, and indefinitely for any further convictions.

The plans do not extend to those arrested on suspicion of terrorism or national security offences. According to the Home Office, "material taken under any regime (including the Terrorism Act 2000,) would be able to be retained beyond the 6-year point where there is a case for doing so on the basis of a case by case review on national security grounds."

"This would require a review by a senior police officer every two years – although data would be deleted if it became clear between reviews that its retention would no longer be necessary. The policy for juveniles would be similar but would take account of the differential treatment proposed for juveniles more generally."

The UK maintains the largest national DNA database in the world. The Government says it plays an essential role in fighting crime and providing justice for victims.

"Between April 1998 and September 2009 there were more than 410,589 crimes with DNA matches, providing the police with a lead on the possible identity of the offender," said the Home Office in a statement today.

The proposals also include plans to destroy all DNA samples, such as blood, urine or mouth swabs used to create the DNA profile that is added to the database. The Government also plans to give police new powers to take DNA samples from anyone convicted abroad, or convicted before the creation of the DNA database in 1995.

The Government said that it intends to continue retaining the DNA profiles of all adults convicted of a recordable offence indefinitely, as well as the profiles of all juveniles convicted of the most serious offences, such as murder, rape, manslaughter and serious assault.

Under the proposals, fingerprints will be retained for the same time periods as DNA profiles.
 
Home Secretary Alan Johnson acknowledged a need for balance in the database.
 
"It is vital that we maintain the capacity of the DNA database to provide as many detections as possible by making sure the right people are on it," he said. "But we must balance this with the consideration of when other people should come off.

"I believe the proposals I am announcing today represent the most proportionate approach to DNA retention, as well as the most effective way of ensuring the database continues to help us tackle crime."

Liberty's Chakrabarti said today that she believes the Government is still not going far enough to protect human rights.

“It seems the Government still refuses to separate the innocent and the guilty and maintains a blanket approach to DNA retention," said Chakrabarti. "This grudgingly modified policy creates a repeat collision course with the Courts and Ministers look stubborn rather than effective or fair."

"Nobody disputes the value of DNA and anyone arrested can have a sample taken and compared to crime scenes," she said. "But stockpiling the intimate profiles of millions of innocent people is an unnecessary recipe for error and abuse."

"Politicians need to show us that they care about the presumption of innocence and not just when MPs expenses are being discussed," said Chakrabarti.

Liberty says that a correct and proportionate approach to the National DNA Database would be based on allowing retention of DNA for those convicted or cautioned for a small number of serious offences, mainly involving sexual assault or violence.