Protection of Freedoms Act 2012 – DNA and fingerprint provisions

The Protection of Freedoms Act gained Royal Assent on 1 May 2012.

Sections 1 25 of the Act cover DNA and fingerprint retention.

There is a timetable for bringing these sections of the Act into force.

The Protection of Freedoms Act implements the commitment in the governments coalition agreement to reform DNA and fingerprint retention so that only peopleconvicted of an offence will have their material retained indefinitely. Currently material is retained indefinitely from anybody arrested whether innocent or convicted.

The Act constitutes the UKs response to the 2008 judgment of the European Court of Human Rights in Marper v UK. In that case, the court ruled that blanket retention of DNA taken from innocent people posed a disproportionate interference with the right to private life, in violation of Article 8 of the European Convention on Human Rights.

The Act aims to strike a balance between protecting the privacy and human rights of the public, and protecting them from crime by keeping the right people on the DNA and fingerprint databases. The provisions are as follows:

A DNA sample is an individuals biological material, containing all of their genetic information, not simply the 20 numbers that make up the DNA profiles stored on the database.The Act requires all DNA samples to be destroyed within six months of being taken. This allows sufficient time for the sample to be analysed and a DNA profile to be produced for use on the database.

In exceptional circumstances a court order can be made allowing longer retention of the DNA sample for use in complex court cases.

A DNA profile consists of a string of 20 numbers and two letters to indicate gender. This number string is stored on the National DNA Database (NDNAD). It allows the person to be identified if they leave their DNA at a crime scene.

Fingerprints are usually scanned electronically from the individual in custody and the images stored on IDENT1, the national fingerprint database.

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Protection of Freedoms Act 2012 – DNA and fingerprint provisions