Further action
The Government has announced the results of its consultation into whose DNA should be kept on the databases. It proposes to allow the retention of about a million innocent people’s DNA records for six years after their arrest, and to keep the DNA records of terrorist suspects indefinitely. Under the proposals, your record of arrest on the Police National Computer will be kept indefinitely, even if your DNA and fingerprint records are removed. These records can be used to refused you a visa or a job and can be accessed by all police officers.
New legislation to implement these proposals is in the Crime and Security Bill 2009/10. You can read about the Bill on the GeneWatch UK website here. The Conservative and Liberal Democrat parties both oppose the proposals in the Bill. It has yet to be debated by parliament.
You can also find some of the responses to the consultation on the GeneWatch UK website here.
The most important further action you can take now is to contact your MP.
You can let your MP know that:
- The plan to keep police records of arrest indefinitely is a backwards step compared to the current system, where people who are successful in reclaiming their DNA get all their records deleted.
- The Committee of Ministers, which oversees judgements made by the European Court of Human Rights, has said that the Government’s proposals are unlikely to meet the necessary legal requirements.
- Scientists strongly criticised the original evidence on which the Government has based its proposals (see, for example: Bad Science, and Straight Statistics). The new evidence published by the Government on 11th November does not resolve all these concerns because it fails to address the limited role of the DNA database in solving crimes.
- Lawyers have strongly criticised the Government’s interpretation of the judgment of the European Court of Human Rights, and concluded that the Home Office’s proposals are unlawful (see, for example: The Law Society and Michael Beloff QC’s legal opinion).
- Children’s organisations have criticised the proposals for not adequately protecting children’s rights (see: the NSPCC and the Standing Committee for Youth Justice).
- Black community groups and organisations representing ethnic minorities have also strongly criticised the plans (see, for example: Black Mental Health UK, the Runnymede Trust, and the Equality and Human Rights Commission).
You can ask your MP to make sure the Government takes account of these criticisms and changes the law to protect your rights.