Creating a fairer Britain
The Commission responded to the Government consultation 'Keeping the right people on the DNA database', which took place between May and August 2009.
The Commission acknowledges that the national DNA database is an important crime-solving tool and that retention of fingerprint and DNA information pursues the legitimate purpose of the detection and prevention of crime. However, in revising the law on DNA retention the government needs to strike a fair balance between that aim and the competing public interest of protecting individuals' right to privacy in order to comply with the European Convention on Human Rights.
The Commission thinks that these proposals fail to strike the appropriate balance and if they become law are likely to breach Article 8 of the Convention and be unlawful.