The government is to reassess its use of the
Regulation
of Investigatory Powers Act (RIPA) and how and when to keep DNA
profiles on the
national DNA database.
It will also delete immediately the DNA records of all subjects
under 10 - the UK threshold for legal liability.
The review comes less than two weeks after
the European Court of Human Rights ruled that the UK's DNA data
retention policy breached human rights.
It also follows
local councils' controversial use of the Regulation of
Investigatory Powers Act, introduced to fight terrorism and serious
organised crime, to track and trace litterbugs and other minor
lawbreakers.
Home secretary Jacqui Smith announced the consultation in a
speech to Intellect, the
IT industry trade association this morning.
She said the consultation on the use of the Regulation of
Investigatory Powers Actwill examine:
• A revision of the codes of practice that come under RIPA
• Which public authorities can use RIPA powers
• How those powers are authorised, and who authorises their
use.
It will also ask for proposed changes to RIPA powers to bring
them in line with tests of safeguards, openness, proportionality
and common sense.
Speaking about privacy rights in light of changing and expanding
technology, Smith said the government had to think carefully about
how long to retain DNA evidence. She said the government will
consult on retention arrangements for DNA samples in a forensics
white paper next year.
The proposals include
• Retaining DNA evidence for different periods depending on the
seriousness of the offence and possibly the age and risk of the
individual
•Ensuring police can take retrospective samples for a longer
period after conviction and from those convicted overseas.
Smith said, "There are clearly cases where [RIPA] powers should
not be used. I don't want to see these powers being used to target
people for putting their bins out on the wrong day, for dog fouling
offences, or to check whether paper boys are carrying sacks that
are too heavy."
She said public confidence was needed for the DNA database to
work properly. "The changes we will set out in the white paper will
deliver a more proportionate, fair and common sense approach," she
said.
"The public is our best defence against crime and terrorism. But
I know people will not thank us if the systems we design to protect
them are too intrusive."