Innocent people on the DNA database
The National DNA Database (NDNAD) in England was the first to be established and used to be a criminal database. However, two changes to the law, made in 2001 and 2003, mean that it now contains records from a much larger proportion of the population than any other country in the world.
Up to a million innocent people who have been arrested in England, Wales or Northern Ireland have had their DNA retained. This includes many children, who can be arrested from the age of ten.
Even a false accusation of a very minor crime — such as a child claiming that another child pulled their hair — can lead to an arrest. DNA, fingerprints and personal information are now taken at the police station as a matter of routine.
Labour MP Diane Abbot has highlighted some of the stories of people who have been arrested in a Westminster debate.
The Government acted illegally
When Tony Blair was Prime Minister, the Government made two changes to the law, which allowed people’s DNA and fingerprint records taken on arrest to be kept indefinitely (to age 100) even if they were not charged or convicted. A change in policy also allowed linked record on the Police National Computer (PNC) to be kept to age 100. These PNC records can be used to refuse someone a visa or a job.
In December 2008, the European Court of Human Rights ruled that the UK Government had broken European human rights law by expanding its criminal databases in this way. The court said that keeping DNA and fingerprints from innocent people breached their right to privacy. This law exists to protect people’s freedoms from abuse by their own governments.
Changing the law does not mean opposing the use of DNA in solving crimes
Removing people who have no criminal conviction from these databases would not prevent the police from using DNA to help solve crimes, or to exonerate innocent people. In fact, keeping DNA from innocent people has not increased the likelihood of solving crimes.
Miscarriages of justice have sometimes been exposed by testing DNA in stored crime scene evidence. But a person who is falsely accused of a crime does not need their DNA to be on a database because a DNA sample can easily be taken from them.
The inventor of genetic fingerprinting, Professor Sir Alec Jeffreys, has warned that the government is putting at risk public support for the National DNA Database by holding the genetic details of hundreds of thousands of innocent people.
Removing innocent people from the database
Shortly before the 2010 election, parliament adopted the Crime and Security Act 2010. This requires DNA samples collected by the police to be destroyed within six months, but allows innocent people’s computer records on the DNA database and fingerprint database to be kept for six years after arrest (three years for children). However, this new law will not now be implemented.
The new Coalition Government has promised to change the law again to bring it in line with Scotland’s law, which provides much better protection for human rights. However the details of this new law still need to be worked out.
Until the law is changed again, most innocent people still have their records and DNA samples retained indefinitely. However, the police have been removing the records of people who have been arrested unlwafully or had their DNA smaples taken unlawfully. People who gave their DNA on a voluntary basis can also get their DNA destroyed and their records removed on request.
How you can make a difference
Only a very small number of people have had their records taken off the DNA database since the European Court’s decision.
Although the new Government has made a welcome and important promise, the law has not yet been changed. It is important that people continue to ask for their DNA records to be removed to make sure the promised changes really happen.
You can also contact your MP and take further action, even if you don’t have a record on the database.