The UK government's new proposals on rules for its DNA database
still do not meet the requirements set by European authorities,
says a human rights watchdog.
The government issued new proposals after the European Court of
Human Rights found late last year that
existing rules on the DNA database were unlawful.
But revised proposals to keep
DNA profiles of innocent people questioned by the police for
up to 12 years, or indefinitely if convicted of any offence, do
not go far enough, according to the
Equality and Human Rights Commission.
These proposals do not meet the European court's requirement for
the UK government to have clear, justifiable reasons for
keeping DNA data of innocent people, the Commission said.
The organisation made several recommendations to bring the
government's proposals in line with European requirements (see
panel below).
The Commission called for an independent adjudicator to give
innocent people a way of challenging the need to keep their DNA
profile on record.
"We recognise that the DNA database is a vital tool in the fight
against crime, but people have a right to have their privacy
protected," said John Wadham, group director legal at the
Commission.
The proposed changes to the national DNA database are a step in
the right direction, but there is no reason why the police should
be allowed to keep anyone's DNA profile indefinitely, he said.
The Commission urged the government to resolve these issues
without delay to avoid expensive legal challenges in future.
"Britain is at the cutting edge of how this technology is used
in fighting crime, but it must be used lawfully," said John
Wadham.
Recommendations to bring UK DNA databases in line with European
law
DNA profiles must be destroyed once a final decision has been
made in a case.
A person's DNA profile should only be kept for a limited period
if they have been convicted of a serious crime and where destroying
that information is likely to pose a risk to the public.
There must be more of a balance between someone's right to
privacy and the right of other people to be protected from a crime
that might be committed.
The rules should also differentiate more between
children and adults so DNA profiles of children arrested for
minor offences are not kept for the same length of time as an
adult.