DNA and fingerprint data retention: S and Marper v United Kingdom

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Series Details Vol.34, No.3, June 2009, p491-504
Publication Date June 2009
ISSN 0307-5400
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Abstract: In its recent judgment in S and Marper v United Kingdom, the European Court of Human Rights held that the indefinite retention by UK police authorities of the
DNA and fingerprint data of persons once suspected but subsequently cleared of criminal wrongdoing represented an unjustified interference with the right to respect for private life under Art.8 of the European Convention on Human Rights. The unanimous judgment of the Grand Chamber sheds a revealing light on the limits of police powers in relation to the gathering and retention of personal data for purposes of crime prevention. The judgment considers, in particular, the controversial issue of the human rights implications of the retention by national authorities of DNA and fingerprint data for use on criminal identification
databases.

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