Sir Stephen Sedley has recently proposed the enlargement of the DNA database in UK to cover the entire population and visitors that stay in UK even for a week, under the argument of creating a fairer system and eliminating the ethnical unbalance in the present database. But a case brought by 2 English people to the European Court of Human Rights (ECHR) could change a lot in how the database will operate.

The UK DNA database is one of the largest in the world covering data from everybody having had anything to do with any crime, minor or major, guilty or not. According to Sadley, the database is biased against ethnic minorities. "It means where there is ethnic profiling going on disproportionate numbers of ethnic minorities get onto the database. It also means that a great many people who are walking the streets and whose DNA would show them guilty of crimes, go free."

The proposal met opposition from the Prime Minister who believes that would raise civil liberties concerns but also complicated logistical issues.

Shami Chakrabarti, director of human rights organization Liberty, also said that a database for everybody in the country was "a chilling proposal, ripe for indignity, error and abuse".

The present UK DNA database is already raising issues related to the way people's data are included in it. Shadow home secretary David Davis considers the system is arbitrary and erratic. The highest concern is related to the fact that the data of people proven innocent cannot be removed from the database. And this is exactly what has triggered a case at the ECHR, that could change the whole situation.

The case was brought in front of ECHR by Michael Marper and a teenager, known as S, both arrested in 2001, the former on harassment charges and the latter with attempted robbery. They were both cleared and with no criminal records. In 2002 they required their data to be removed from the Home Office database but the Court of Appeal ruled against it. Among the appeal judges that heard the case was Sir Stephen Sedley that proposed a "universal DNA database" even in that judgment.

Mr Marper and the juvenile argued that keeping their fingerprints and DNA samples was an infringement of their private life rights as per Article 8 of the European Convention on Human Rights. Their concern is related mostly to the possible future misuse of their data.

The situation seems to be now in the hands of ECHR. A ruling by ECHR against the British Government could not only stop Lord Justice's proposal to enlarge the DNA database but also lead to the destruction of the DNA and fingerprint evidence of people that have been found innocent. The case is considered important by the judges in Strasbourg as they have sent the case before the grand chamber, because it raises a serious problem affecting the interpretation of the European Convention on Human Rights.

"This decision by the European Court of Human Rights gives us significant hope that these cases will finally result in a massive change in the law - providing protection for those acquitted of crimes against their fingerprints and DNA samples being kept, putting them on a level footing with those not previously accused of any crimes (...) We think this will be one of the most important human rights challenges the court has grappled with in recent years" stated Peter Mahy, a civil liberties specialist at Sheffield-based Howells who represent Marper and "S".

All UK 'must be on DNA database' (5.09.2007)
http://news.bbc.co.uk/1/hi/uk/6979138.stm

Plan to put everyone in DNA database hinges on human rights case (7.09.2007)
http://www.out-law.com//default.aspx?page=8455

Europe to rule on whether police can keep DNA of innocent people (8.09.2007)
http://news.independent.co.uk/uk/legal/article2941849.ece

EDRI-gram : UK Home Office plans to fingerprint children starting 11 (14.03.2007)
http://www.edri.org/edrigram/number5.5/uk-fingerprint-children