UK National DNA Database
Encyclopedia
The United Kingdom National DNA Database (NDNAD; officially the UK National Criminal Intelligence DNA Database) is a national DNA Database
that was set up in 1995. As of the end of 2005, it carried the profiles of around 3.1 million people. The database, which grows by 30,000 samples each month, is populated by samples recovered from crime scenes and taken from police suspects and, in England and Wales, anyone arrested and detained at a police station.
Only patterns of short tandem repeat
s are stored in the NDNAD – not a person's full genomic sequence
. Currently the ten loci
of the SGM+ system are analysed, resulting in a string of 20 numbers, being two allele repeats
from each of the ten loci. Amelogenin
is used for a rapid test of a donor's sex.
However, individuals' skin or blood samples are also kept permanently linked to the database and can contain complete genetic information. Because DNA
is inherited, the database can also be used to indirectly identify many others in the population related to a database subject. Stored samples can also degrade and become useless, particularly those taken with dry brushes and swabs.
The UK NDNAD is run by the Forensic Science Service
(FSS), under contract to the Home Office
. A major expansion to include all known active offenders was funded between April 2000 and March 2005 at a cost of over £300 million.
(SGM) DNA profiling system (SGM+ DNA profiling system since 1998). All data held on the National DNA Database is governed by a tri-partite board consisting of the Home Office
, the Association of Chief Police Officers
(ACPO) and the Association of Police Authorities (APA), there are also independent representatives present from the Human Genetics Commission
. The data held on the NDNAD is owned by the police authority which submitted the sample for analysis. The samples are stored permanently by the companies that analyse them, for an annual fee.
All forensic service providers in the UK which meet the accredited standards can interact with the NDNAD. The UK's NDNAD is the foremost and largest forensic DNA database of its kind in the world – containing 5.2% of the population, compared to 0.5% in the USA.
The data held on the National DNA Database consists of both demographic sample data and the numerical DNA profile. Records on the NDNAD are held for both individuals sampled under the Police and Criminal Evidence Act 1984
(PACE) and for unsolved crime-stains (such as from blood, semen, saliva, hair and cellular materials left at a crime scene)
Whenever a new profile is submitted, the NDNAD's records are automatically searched for matches (hits) between individuals and unsolved crime-stain records and unsolved crime-stain to unsolved crime-stain records - linking both individuals to crimes and crimes to crimes. Matches between individuals only are reported separately for investigation as to whether one is an alias of the other. Any NDNAD hits obtained are reported directly to the police force which submitted the sample for analysis. The NDNAD is widely acknowledged as an intelligence tool, for its ability to aid in the solving of crimes, both past and present. However, its rapid growth in size in recent years has been controversial because there are only a few jurisdictions that allow the permanent retention of DNA from people who have not been convicted of any offence.
One-off speculative intelligence searches can be initiated by scientists in instances where a crime-stain DNA profile does not meet the required standard for loading to the NDNAD. These searches can produce many matches which may be restricted by demographic data.
The latest innovative intelligence approach brought forward by the Forensic Science Service
, is in the use of familial searching. This is a process that may be carried out in relation to unsolved crime-stains whereby a suspect's DNA may not be held on the NDNAD, but that of a close relative is. This method identifies potential relatives by identifying DNA profiles held on the NDNAD that are similar. Again many matches may be produced which may be restricted by demographic data. However, this technique raises new privacy concerns because it could lead to the police identifying cases of non-paternity.
The agency's role is to run the database operations and maintain and ensure the integrity of the data, and to oversee the National DNA Database service so that it is operated in line with agreed standards.
The NPIA is also responsible for accrediting all the scientific laboratories that analyse DNA samples and oversee the contract for the operation and maintenance of the National DNA Database.
later allowed DNA to be taken on arrest, rather than on charge. Since April 2004, when this law came into force, anyone arrested in England and Wales on suspicion of involvement in any recordable offence
(all except the most minor offences) has their DNA sample taken and stored in the database
, whether or not they are subsequently charged or convicted. In 2005-06 45,000 crimes were matched against records on the DNA Database; including 422 homicides (murders and manslaughters) and 645 rapes. However, not all these matches will have led to criminal convictions and some will be matches with innocent people who were at the crime scene. Critics argue that the decision to keep large numbers of innocent people on the database does not appear to have increased the likelihood of solving a crime using DNA.
Only samples from convicted criminals, or people awaiting trial, are recorded, although a new law will allow the DNA from people charged with a serious sexual or violent offence to be kept for up to five years after acquittal.
's Scientific Support Department from crime scenes are sent to the UK for testing against the database. Samples from suspects are also added to the database, but are removed if the suspect is not convicted of the crime.
on 23 March 2006. A teacher who was accused of assault won the right to have her DNA sample and fingerprints destroyed. They had been taken whilst she was in custody, but after the Crown Prosecution Service
had decided to not pursue any charges against her. She should have been released expediently once this was the case and so her continued detention to obtain samples was unlawful, and thus the samples were taken "without appropriate authority". Had they been taken before the decision not to prosecute, the samples would have been lawful and retained as normal.
and Privacy International
, non-profit pressure groups who were permitted to make amicus brief submissions to the court.
S. was a minor
, at 11 years old, when he was arrested and charged with attempted robbery on 19 January 2001; he was acquitted a few months later, on 14 June 2001. Michael Marper was arrested on 13 March 2001, and charged with harassment of his partner; the charge was not pressed because Marper and his partner became reconciled before a pretrial review had taken place.
In November 2004 the Court of Appeal
held that the keeping of samples from persons charged, yet not convicted - i.e. S and Marper - was lawful. However, an appeal was made to the European Court of Human Rights
and the case was heard on 27 February 2008. On 4 December 2008, 17 judges unanimously ruled that there had been a violation of Article 8 of the European Convention on Human Rights
, which refers to a person's right to a private life, and awarded €42,000 each to the appellants. The judges said keeping the information "could not be regarded as necessary in a democratic society".
In response to this the Home Office
announced in May 2009 a consultation
on how to comply with the ruling. The Home Office
proposed to continue retaining indefinitely the DNA profiles of anyone convicted of any recordable offence
, but to remove other profiles from the database after a period of time - generally 6 or 12 years, depending on the seriousness of the offence. The practice of taking DNA profiles upon arrest is not affected by the decision, but it is not yet clear whether the new retention policies will be applied to fingerprint data.
s include begging, being drunk and disorderly and taking part in an illegal demonstration. Many innocent people, including children from the age of ten are arrested but never charged, some of which may later be proved to have been committed by another person. Changes in the powers of arrest granted to the police by the Serious Organised Crime and Police Act 2005
have led to expectations of even more samples being added.
A further concern has been raised over the 24,000 samples held of children and young people aged from 10 to 18 who have never been convicted, cautioned or charged with any offence. The use of the database for genetic research without consent has also been controversial, as has the storage of DNA samples and sensitive information by the commercial companies which analyse them for the police.
Given the privacy issues, but set against the usefulness of the database in identifying offenders, some have argued for a system whereby the encrypted data associated with a sample is held by a third, trusted, party and is only revealed if a crime scene sample is found to contain that DNA. Such an approach has been advocated by the inventor of genetic fingerprinting
, Alec Jeffreys
.
Others have argued that there should be time limits on how long DNA profiles can be retained on the Database, except for people convicted of serious violent or sexual offences. GeneWatch UK has launched a campaign calling on people to reclaim their DNA if they have not been charged or convicted of a serious offence, and has called for more safeguards to prevent misuse of the database. The Human Genetics Commission
has argued that individuals' DNA samples should be destroyed after the DNA profiles used for identification purposes have been obtained.
The Liberal Democrats
believe that innocent people's DNA should not be held on the database indefinitely. They have launched a national online petition arguing that whilst they believe "DNA is a vital tool in the fight against crime, there is no legitimate reason for the police to retain for life the DNA records of innocent people." They revealed figures in November 2007 showing that nearly 150,000 children under the age of 16 have their details on the database.
The Conservative Party
objects to the database on the grounds that Parliament has not been given the opportunity to vote on it. Damian Green
, former Tory home affairs spokesman, issued a press release in January 2006 stating: "We do have concerns about the Government including on the database the DNA and fingerprints of completely innocent people.... If the Government wants a database which has the details of everyone, not just criminals, they should be honest about it and not construct it by stealth." Ironically, Mr Green now has his own DNA profile on the database having been arrested and subsequently released without charge on 27 November 2008.
A YouGov
poll
published on 4 December 2006, indicated that 48% of those interviewed disapproved of keeping DNA records of those who have not been charged with any crime who have been acquitted, with 37% in favour.
In early 2007, five civil servants were arrested on charges of industrial espionage
for allegedly stealing DNA information from the database and using it to establish a rival firm.
In 2009 the Home Office was consulting on plans to extend the period of DNA retention to twelve years for serious crimes and six years for other crimes. According to the official figures, enough searches (around 2.5 trillion by 2009) have been run on the NDNAD such that statistically at least two matches (a 1 in a trillion chance, under ideal conditions) should have arisen by chance. However, depending on factors such as the number of incomplete profiles and the presence of related individuals, the chance matches may actually be higher. However the official position is that no chance matches have occurred, a position backed up by the fact that the majority of the searches will have been repeated, and that there are not 1 trillion unique DNA profiles on file.
In July 2009, a lawyer, Lorraine Elliot, was arrested on accusations of forgery which were quickly proven to be false. A DNA sample was taken from her and logged. She was cleared of the accusations a day later and completely exonerated. However, in spite of the commonly quoted mantra
relating to the DNA database ("if you have nothing to hide, you have nothing to fear") Mrs Elliot subsequently lost her job (even though she was completely innocent of any crime) when the fact that her DNA profile was stored on the national database was discovered during a subsequent work-related security check. Only in 2010 was she finally able to have her details removed from the database, though by then the damage had been done.
In July 2006, the Black Police Association has called for an inquiry into why the database holds details of 37% of black men but fewer than 10% of white men.
In November 2006, similar concerns were raised by the Sunday Telegraph which found that three in four young black men were on the DNA database.
According to the Sunday Telegraph, an estimated 135,000 black males aged 15 to 34 would have been added to the DNA database by April 2007, equivalent to 77 percent of the young black male population in England and Wales.
By contrast, only 22 per cent of young white males, and six per cent of the general population, will be on the database.
This figure was confirmed by the British Government’s own Human Genetics Commission 2009 report on the topic, titled Nothing to hide, nothing to fear? Balancing individual rights and the public interest in the governance and use of the National DNA Database, which said that “the profiles of over three quarters of young black men between the ages of 18 and 35 are recorded.”
The disproportionate numbers of black males on the DNA database has been criticised by black activist Matilda MacAttram, founder and director of Black Mental Health s as “damaging UK race relations.”
Her comments came after a parliamentary committee found that almost one in four black children from the ages of 10 have had their profiles placed on the police DNA database. MacAttram described the findings as “disturbing”.
According to new figures obtained by the campaign group Genewatch, almost 45,000 black children aged 10 to 17 in England and Wales have been added to the database in the past five years. In contrast, the DNA profiles of just fewer than 10 percent of white youth have been added.
The most common explanation for the racial disparities has been accusations of police racism and racial bias, as evidenced by the reaction of the then chair of the home affairs select committee, Keith Vaz MP, in August 2009 who said that “Such disparity in the treatment of different ethnic groups is bound to lead to a disintegration of community relations and a lack of trust in the police force."
These allegations have been denied by the National Policing Improvement Agency (NPIA), which runs the National DNA database. According to the NPIA, the database is a successful tool in fighting crime and points out that “between April 09 and 28th January 2010 the National DNA Database produced 174 matches to murder, 468 to rapes and 27,168 to other crime scenes.”
In addition, the NPIA says that the “National DNA Database continues to provide police with the most effective tool for the prevention and detection of crime since the development of fingerprint analysis over 100 years ago. Since 1998, more than 300,000 crimes have been detected with the aid of the Database, reassuring the public that offenders are more likely to be brought to justice.”
Tellingly, the NPIA points out that of all of the subject profiles retained on the DNA Database by ethnic appearance as at 16 October 2009, 77.57% were “White North European”, 2.06% were “White South European,” 7.83% were black, 5.67% were Asian, 0.82% were Middle Eastern, 0.69% were Chinese, Japanese or South East Asian, and 5.365 were unknown.
These figures would indicate that whites still form a majority of the DNA database records, but that individual groups within ethnic communities have a disproportionate presence on the database relative to their numbers.
, but been rejected for the moment by the UK government as impractical and problematic for civil liberties. Supporters include Lord Justice Sedley
and some police officers, and Tony Blair
said in 2006 that he could see no reason why the DNA of everyone should not ultimately be kept on record. Opponents of the expansion include Reclaim Your DNA, backed by No2ID
, GeneWatch and Liberty
among others. Shami Chakrabarti
, director of Liberty, said in 2007 that a database for every man, woman and child in the country was "a chilling proposal, ripe for indignity, error and abuse".
National DNA database
A national DNA database is a government database of DNA profiles which can be used by law enforcement agencies to identify suspects of crimes....
that was set up in 1995. As of the end of 2005, it carried the profiles of around 3.1 million people. The database, which grows by 30,000 samples each month, is populated by samples recovered from crime scenes and taken from police suspects and, in England and Wales, anyone arrested and detained at a police station.
Only patterns of short tandem repeat
Short tandem repeat
A short tandem repeat in DNA occurs when a pattern of two or more nucleotides are repeated and the repeated sequences are directly adjacent to each other. The pattern can range in length from 2 to 5 base pairs and is typically in the non-coding intron region...
s are stored in the NDNAD – not a person's full genomic sequence
Genome
In modern molecular biology and genetics, the genome is the entirety of an organism's hereditary information. It is encoded either in DNA or, for many types of virus, in RNA. The genome includes both the genes and the non-coding sequences of the DNA/RNA....
. Currently the ten loci
Locus (genetics)
In the fields of genetics and genetic computation, a locus is the specific location of a gene or DNA sequence on a chromosome. A variant of the DNA sequence at a given locus is called an allele. The ordered list of loci known for a particular genome is called a genetic map...
of the SGM+ system are analysed, resulting in a string of 20 numbers, being two allele repeats
Allele
An allele is one of two or more forms of a gene or a genetic locus . "Allel" is an abbreviation of allelomorph. Sometimes, different alleles can result in different observable phenotypic traits, such as different pigmentation...
from each of the ten loci. Amelogenin
Amelogenin
Amelogenin is a protein found in developing tooth enamel, and it belongs to a family of extracellular matrix proteins. Developing enamel contains about 30% protein, and 90% of this is amelogenins...
is used for a rapid test of a donor's sex.
However, individuals' skin or blood samples are also kept permanently linked to the database and can contain complete genetic information. Because DNA
DNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
is inherited, the database can also be used to indirectly identify many others in the population related to a database subject. Stored samples can also degrade and become useless, particularly those taken with dry brushes and swabs.
The UK NDNAD is run by the Forensic Science Service
Forensic Science Service
The Forensic Science Service is a government-owned company in the United Kingdom which provides forensic science services to the police forces and government agencies of England and Wales, as well as other countries.-History:...
(FSS), under contract to the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
. A major expansion to include all known active offenders was funded between April 2000 and March 2005 at a cost of over £300 million.
Origin and function
The United Kingdom's National DNA Database (NDNAD) was set up in 1995 using the Second Generation MultiplexSecond Generation Multiplex
Second Generation Multiplex is a DNA profiling system used in the United Kingdom to set upthe UK National DNA Database in 1995. It is manufactured by ABI .It contains primers for the following STR loci....
(SGM) DNA profiling system (SGM+ DNA profiling system since 1998). All data held on the National DNA Database is governed by a tri-partite board consisting of the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
, the Association of Chief Police Officers
Association of Chief Police Officers
The Association of Chief Police Officers , established in 1948, is a private limited company that leads the development of policing practice in England, Wales and Northern Ireland.ACPO provides a forum for chief police officers to share ideas and coordinates the strategic...
(ACPO) and the Association of Police Authorities (APA), there are also independent representatives present from the Human Genetics Commission
Human Genetics Commission
The Human Genetics Commission is a non-departmental public body body that advises the UK government on the ethical and social aspects of genetics...
. The data held on the NDNAD is owned by the police authority which submitted the sample for analysis. The samples are stored permanently by the companies that analyse them, for an annual fee.
All forensic service providers in the UK which meet the accredited standards can interact with the NDNAD. The UK's NDNAD is the foremost and largest forensic DNA database of its kind in the world – containing 5.2% of the population, compared to 0.5% in the USA.
The data held on the National DNA Database consists of both demographic sample data and the numerical DNA profile. Records on the NDNAD are held for both individuals sampled under the Police and Criminal Evidence Act 1984
Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...
(PACE) and for unsolved crime-stains (such as from blood, semen, saliva, hair and cellular materials left at a crime scene)
Whenever a new profile is submitted, the NDNAD's records are automatically searched for matches (hits) between individuals and unsolved crime-stain records and unsolved crime-stain to unsolved crime-stain records - linking both individuals to crimes and crimes to crimes. Matches between individuals only are reported separately for investigation as to whether one is an alias of the other. Any NDNAD hits obtained are reported directly to the police force which submitted the sample for analysis. The NDNAD is widely acknowledged as an intelligence tool, for its ability to aid in the solving of crimes, both past and present. However, its rapid growth in size in recent years has been controversial because there are only a few jurisdictions that allow the permanent retention of DNA from people who have not been convicted of any offence.
One-off speculative intelligence searches can be initiated by scientists in instances where a crime-stain DNA profile does not meet the required standard for loading to the NDNAD. These searches can produce many matches which may be restricted by demographic data.
The latest innovative intelligence approach brought forward by the Forensic Science Service
Forensic Science Service
The Forensic Science Service is a government-owned company in the United Kingdom which provides forensic science services to the police forces and government agencies of England and Wales, as well as other countries.-History:...
, is in the use of familial searching. This is a process that may be carried out in relation to unsolved crime-stains whereby a suspect's DNA may not be held on the NDNAD, but that of a close relative is. This method identifies potential relatives by identifying DNA profiles held on the NDNAD that are similar. Again many matches may be produced which may be restricted by demographic data. However, this technique raises new privacy concerns because it could lead to the police identifying cases of non-paternity.
Control Transferred to the National Policing Improvement Agency 2007
In April 2007, responsibility for the delivery of National DNA Database (NDNAD) services was transferred from the Home Office to the National Policing Improvement Agency (NPIA).The agency's role is to run the database operations and maintain and ensure the integrity of the data, and to oversee the National DNA Database service so that it is operated in line with agreed standards.
The NPIA is also responsible for accrediting all the scientific laboratories that analyse DNA samples and oversee the contract for the operation and maintenance of the National DNA Database.
England and Wales
Though initially only samples from convicted criminals, or people awaiting trial, were recorded, the Criminal Justice and Police Act 2001 changed this to allow DNA to be retained from people charged with an offence, even if they were subsequently acquitted. The Criminal Justice Act 2003Criminal Justice Act 2003
The Criminal Justice Act 2003 is an Act of the Parliament of the United Kingdom. It is a wide ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland....
later allowed DNA to be taken on arrest, rather than on charge. Since April 2004, when this law came into force, anyone arrested in England and Wales on suspicion of involvement in any recordable offence
Recordable offence
A recordable offence is any offence under United Kingdom law where the police must keep records of convictions and offenders on the Police National Computer.A 'crime recordable offence' should not be confused with a 'crime reportable offence'....
(all except the most minor offences) has their DNA sample taken and stored in the database
Database
A database is an organized collection of data for one or more purposes, usually in digital form. The data are typically organized to model relevant aspects of reality , in a way that supports processes requiring this information...
, whether or not they are subsequently charged or convicted. In 2005-06 45,000 crimes were matched against records on the DNA Database; including 422 homicides (murders and manslaughters) and 645 rapes. However, not all these matches will have led to criminal convictions and some will be matches with innocent people who were at the crime scene. Critics argue that the decision to keep large numbers of innocent people on the database does not appear to have increased the likelihood of solving a crime using DNA.
Scotland
The PFSLD houses the DNA database for Scotland, and exports copies to the National DNA Database in England.Only samples from convicted criminals, or people awaiting trial, are recorded, although a new law will allow the DNA from people charged with a serious sexual or violent offence to be kept for up to five years after acquittal.
Isle of Man
Samples collected by the Isle of Man ConstabularyIsle of Man Constabulary
The Isle of Man Constabulary is the organisation responsible for policing the Isle of Man, an island of 80,000 inhabitants situated equidistant from Northern Ireland, Wales, Scotland and England.-Structures and Deployment:...
's Scientific Support Department from crime scenes are sent to the UK for testing against the database. Samples from suspects are also added to the database, but are removed if the suspect is not convicted of the crime.
Channel Islands
Data supplied by the police of Jersey and Guernsey is also stored on the database.Legal challenges
The issue of taking fingerprints and a DNA sample was involved in a case decided at the High CourtHigh Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
on 23 March 2006. A teacher who was accused of assault won the right to have her DNA sample and fingerprints destroyed. They had been taken whilst she was in custody, but after the Crown Prosecution Service
Crown Prosecution Service
The Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public prosecutions of people charged with criminal offences in England and Wales. Its role is similar to that of the longer-established Crown Office in Scotland, and the...
had decided to not pursue any charges against her. She should have been released expediently once this was the case and so her continued detention to obtain samples was unlawful, and thus the samples were taken "without appropriate authority". Had they been taken before the decision not to prosecute, the samples would have been lawful and retained as normal.
European Court of Human Rights
The DNA Database's indefinite retention policy is to be curtailed following a test case filed by two claimants from Sheffield, Mr. S. and Michael Marper, both of whom had fingerprint records and DNA profiles held in the database. S and Marper were supported by the LibertyLiberty (pressure group)
Liberty is a pressure group based in the United Kingdom. Its formal name is the National Council for Civil Liberties . Founded in 1934 by Ronald Kidd and Sylvia Crowther-Smith , the group campaigns to protect civil liberties and promote human rights...
and Privacy International
Privacy International
Privacy International is a UK-based non-profit organisation formed in 1990, "as a watchdog on surveillance and privacy invasions by governments and corporations." PI has organised campaigns and initiatives in more than fifty countries and is based in London, UK.-Formation, background and...
, non-profit pressure groups who were permitted to make amicus brief submissions to the court.
S. was a minor
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
, at 11 years old, when he was arrested and charged with attempted robbery on 19 January 2001; he was acquitted a few months later, on 14 June 2001. Michael Marper was arrested on 13 March 2001, and charged with harassment of his partner; the charge was not pressed because Marper and his partner became reconciled before a pretrial review had taken place.
In November 2004 the Court of Appeal
Courts of England and Wales
Her Majesty's Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom.The United Kingdom does not have...
held that the keeping of samples from persons charged, yet not convicted - i.e. S and Marper - was lawful. However, an appeal was made to the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
and the case was heard on 27 February 2008. On 4 December 2008, 17 judges unanimously ruled that there had been a violation of Article 8 of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
, which refers to a person's right to a private life, and awarded €42,000 each to the appellants. The judges said keeping the information "could not be regarded as necessary in a democratic society".
In response to this the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
announced in May 2009 a consultation
Public consultation
Public consultation, or simply consultation, is a regulatory process by which the public's input on matters affecting them is sought. Its main goals are in improving the efficiency, transparency and public involvement in large-scale projects or laws and policies...
on how to comply with the ruling. The Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
proposed to continue retaining indefinitely the DNA profiles of anyone convicted of any recordable offence
Recordable offence
A recordable offence is any offence under United Kingdom law where the police must keep records of convictions and offenders on the Police National Computer.A 'crime recordable offence' should not be confused with a 'crime reportable offence'....
, but to remove other profiles from the database after a period of time - generally 6 or 12 years, depending on the seriousness of the offence. The practice of taking DNA profiles upon arrest is not affected by the decision, but it is not yet clear whether the new retention policies will be applied to fingerprint data.
Privacy Concerns
The UK DNA database was the world's largest, and has prompted concerns from some quarters as to its scope and usage. The database helps in solving crime and prosecuting runaway criminals years after the crime has been committed. Recordable offenceRecordable offence
A recordable offence is any offence under United Kingdom law where the police must keep records of convictions and offenders on the Police National Computer.A 'crime recordable offence' should not be confused with a 'crime reportable offence'....
s include begging, being drunk and disorderly and taking part in an illegal demonstration. Many innocent people, including children from the age of ten are arrested but never charged, some of which may later be proved to have been committed by another person. Changes in the powers of arrest granted to the police by the Serious Organised Crime and Police Act 2005
Serious Organised Crime and Police Act 2005
The Serious Organized Crime and Police Act 2005 is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency, it also significantly extended and simplified the powers of arrest of a constable and introduced restrictions on protests in the...
have led to expectations of even more samples being added.
A further concern has been raised over the 24,000 samples held of children and young people aged from 10 to 18 who have never been convicted, cautioned or charged with any offence. The use of the database for genetic research without consent has also been controversial, as has the storage of DNA samples and sensitive information by the commercial companies which analyse them for the police.
Given the privacy issues, but set against the usefulness of the database in identifying offenders, some have argued for a system whereby the encrypted data associated with a sample is held by a third, trusted, party and is only revealed if a crime scene sample is found to contain that DNA. Such an approach has been advocated by the inventor of genetic fingerprinting
Genetic fingerprinting
DNA profiling is a technique employed by forensic scientists to assist in the identification of individuals by their respective DNA profiles. DNA profiles are encrypted sets of numbers that reflect a person's DNA makeup, which can also be used as the person's identifier...
, Alec Jeffreys
Alec Jeffreys
Sir Alec John Jeffreys, FRS is a British geneticist, who developed techniques for DNA fingerprinting and DNA profiling which are now used all over the world in forensic science to assist police detective work, and also to resolve paternity and immigration disputes...
.
Others have argued that there should be time limits on how long DNA profiles can be retained on the Database, except for people convicted of serious violent or sexual offences. GeneWatch UK has launched a campaign calling on people to reclaim their DNA if they have not been charged or convicted of a serious offence, and has called for more safeguards to prevent misuse of the database. The Human Genetics Commission
Human Genetics Commission
The Human Genetics Commission is a non-departmental public body body that advises the UK government on the ethical and social aspects of genetics...
has argued that individuals' DNA samples should be destroyed after the DNA profiles used for identification purposes have been obtained.
The Liberal Democrats
Liberal Democrats
The Liberal Democrats are a social liberal political party in the United Kingdom which supports constitutional and electoral reform, progressive taxation, wealth taxation, human rights laws, cultural liberalism, banking reform and civil liberties .The party was formed in 1988 by a merger of the...
believe that innocent people's DNA should not be held on the database indefinitely. They have launched a national online petition arguing that whilst they believe "DNA is a vital tool in the fight against crime, there is no legitimate reason for the police to retain for life the DNA records of innocent people." They revealed figures in November 2007 showing that nearly 150,000 children under the age of 16 have their details on the database.
The Conservative Party
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
objects to the database on the grounds that Parliament has not been given the opportunity to vote on it. Damian Green
Damian Green
Damian Howard Green is a British politician who has been the Conservative Member of Parliament for Ashford since 1997. He came to national prominence after being elected in his constituency. Before standing for parliament, Damian Green was Channel 4's business editor...
, former Tory home affairs spokesman, issued a press release in January 2006 stating: "We do have concerns about the Government including on the database the DNA and fingerprints of completely innocent people.... If the Government wants a database which has the details of everyone, not just criminals, they should be honest about it and not construct it by stealth." Ironically, Mr Green now has his own DNA profile on the database having been arrested and subsequently released without charge on 27 November 2008.
A YouGov
YouGov
YouGov, formerly known as PollingPoint in the United States, is an international internet-based market research firm launched in the UK in May 2000 by Stephan Shakespeare, now Chief Executive Officer, and Nadhim Zahawi...
poll
Opinion poll
An opinion poll, sometimes simply referred to as a poll is a survey of public opinion from a particular sample. Opinion polls are usually designed to represent the opinions of a population by conducting a series of questions and then extrapolating generalities in ratio or within confidence...
published on 4 December 2006, indicated that 48% of those interviewed disapproved of keeping DNA records of those who have not been charged with any crime who have been acquitted, with 37% in favour.
In early 2007, five civil servants were arrested on charges of industrial espionage
Industrial espionage
Industrial espionage, economic espionage or corporate espionage is a form of espionage conducted for commercial purposes instead of purely national security purposes...
for allegedly stealing DNA information from the database and using it to establish a rival firm.
In 2009 the Home Office was consulting on plans to extend the period of DNA retention to twelve years for serious crimes and six years for other crimes. According to the official figures, enough searches (around 2.5 trillion by 2009) have been run on the NDNAD such that statistically at least two matches (a 1 in a trillion chance, under ideal conditions) should have arisen by chance. However, depending on factors such as the number of incomplete profiles and the presence of related individuals, the chance matches may actually be higher. However the official position is that no chance matches have occurred, a position backed up by the fact that the majority of the searches will have been repeated, and that there are not 1 trillion unique DNA profiles on file.
In July 2009, a lawyer, Lorraine Elliot, was arrested on accusations of forgery which were quickly proven to be false. A DNA sample was taken from her and logged. She was cleared of the accusations a day later and completely exonerated. However, in spite of the commonly quoted mantra
Mantra
A mantra is a sound, syllable, word, or group of words that is considered capable of "creating transformation"...
relating to the DNA database ("if you have nothing to hide, you have nothing to fear") Mrs Elliot subsequently lost her job (even though she was completely innocent of any crime) when the fact that her DNA profile was stored on the national database was discovered during a subsequent work-related security check. Only in 2010 was she finally able to have her details removed from the database, though by then the damage had been done.
Racial Demographics & Controversy
Census data and Home Office statistics indicate that almost 40% of black men have their DNA profile on the database compared to 13% of Asian men and 9% of white men.In July 2006, the Black Police Association has called for an inquiry into why the database holds details of 37% of black men but fewer than 10% of white men.
In November 2006, similar concerns were raised by the Sunday Telegraph which found that three in four young black men were on the DNA database.
According to the Sunday Telegraph, an estimated 135,000 black males aged 15 to 34 would have been added to the DNA database by April 2007, equivalent to 77 percent of the young black male population in England and Wales.
By contrast, only 22 per cent of young white males, and six per cent of the general population, will be on the database.
This figure was confirmed by the British Government’s own Human Genetics Commission 2009 report on the topic, titled Nothing to hide, nothing to fear? Balancing individual rights and the public interest in the governance and use of the National DNA Database, which said that “the profiles of over three quarters of young black men between the ages of 18 and 35 are recorded.”
The disproportionate numbers of black males on the DNA database has been criticised by black activist Matilda MacAttram, founder and director of Black Mental Health s as “damaging UK race relations.”
Her comments came after a parliamentary committee found that almost one in four black children from the ages of 10 have had their profiles placed on the police DNA database. MacAttram described the findings as “disturbing”.
According to new figures obtained by the campaign group Genewatch, almost 45,000 black children aged 10 to 17 in England and Wales have been added to the database in the past five years. In contrast, the DNA profiles of just fewer than 10 percent of white youth have been added.
The most common explanation for the racial disparities has been accusations of police racism and racial bias, as evidenced by the reaction of the then chair of the home affairs select committee, Keith Vaz MP, in August 2009 who said that “Such disparity in the treatment of different ethnic groups is bound to lead to a disintegration of community relations and a lack of trust in the police force."
These allegations have been denied by the National Policing Improvement Agency (NPIA), which runs the National DNA database. According to the NPIA, the database is a successful tool in fighting crime and points out that “between April 09 and 28th January 2010 the National DNA Database produced 174 matches to murder, 468 to rapes and 27,168 to other crime scenes.”
In addition, the NPIA says that the “National DNA Database continues to provide police with the most effective tool for the prevention and detection of crime since the development of fingerprint analysis over 100 years ago. Since 1998, more than 300,000 crimes have been detected with the aid of the Database, reassuring the public that offenders are more likely to be brought to justice.”
Tellingly, the NPIA points out that of all of the subject profiles retained on the DNA Database by ethnic appearance as at 16 October 2009, 77.57% were “White North European”, 2.06% were “White South European,” 7.83% were black, 5.67% were Asian, 0.82% were Middle Eastern, 0.69% were Chinese, Japanese or South East Asian, and 5.365 were unknown.
These figures would indicate that whites still form a majority of the DNA database records, but that individual groups within ethnic communities have a disproportionate presence on the database relative to their numbers.
Potential expansion of database
The idea of expanding the database to cover the entire UK population has drawn some support as well strong criticism from experts such as the Nuffield Council on BioethicsNuffield Council on Bioethics
The Nuffield Council on Bioethics is a UK-based independent charitable body, which examines and reports on ethical issues raised by new advances in biological and medical research...
, but been rejected for the moment by the UK government as impractical and problematic for civil liberties. Supporters include Lord Justice Sedley
Stephen Sedley
Sir Stephen Sedley, , styled The Rt. Hon. Lord Justice Sedley was a judge of the Court of Appeal of England and Wales from 1999 to 2011.- Family background:...
and some police officers, and Tony Blair
Tony Blair
Anthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
said in 2006 that he could see no reason why the DNA of everyone should not ultimately be kept on record. Opponents of the expansion include Reclaim Your DNA, backed by No2ID
NO2ID
NO2ID, the public campaign, was formed in 2004 to campaign against the United Kingdom government's plans to introduce UK ID Cards and the associated National Identity Register, which it believes has negative implications for privacy, civil liberties and personal safety.NO2ID is entirely independent...
, GeneWatch and Liberty
Liberty (pressure group)
Liberty is a pressure group based in the United Kingdom. Its formal name is the National Council for Civil Liberties . Founded in 1934 by Ronald Kidd and Sylvia Crowther-Smith , the group campaigns to protect civil liberties and promote human rights...
among others. Shami Chakrabarti
Shami Chakrabarti
Shami Chakrabarti CBE , has been the director of Liberty, a British pressure group, since September 2003. Chakrabarti is the Chancellor of Oxford Brookes University.-Early life:...
, director of Liberty, said in 2007 that a database for every man, woman and child in the country was "a chilling proposal, ripe for indignity, error and abuse".
See also
- National DNA databaseNational DNA databaseA national DNA database is a government database of DNA profiles which can be used by law enforcement agencies to identify suspects of crimes....
- Mass surveillanceMass surveillanceMass surveillance is the pervasive surveillance of an entire population, or a substantial fraction thereof.Modern governments today commonly perform mass surveillance of their citizens, explaining that they believe that it is necessary to protect them from dangerous groups such as terrorists,...
- National Identity Register
- Police National ComputerPolice National ComputerThe Police National Computer is a computer system used extensively by law enforcement organisations across the United Kingdom. It went live in 1974 and now consists of several databases available 24 hours a day, giving access to information of national and local significance.From October 2009, the...
- National Ballistics Intelligence ServiceNational Ballistics Intelligence ServiceThe National Ballistics Intelligence Service, or NABIS, is the U.K.'s intelligence service dedicated to managing and providing detailed information regarding firearm-related criminality. The service aims to use its database to store ballistics information about police cases involving firearms, and...
External links
- The National DNA database, National Policing Improvement AgencyNational Policing Improvement AgencyThe United Kingdom's National Policing Improvement Agency is a non-departmental public body established to support police by providing expertise in such areas as information technology, information sharing, and recruitment.-Background:...
- Staley, K. 2005, The Police National DNA Database: Balancing Crime Detection, Human Rights and Privacy, Genewatch UK
- NDNAD Annual Report 2002/3
- "Has our DNA database gone too far?", BBC NewsBBC NewsBBC News is the department of the British Broadcasting Corporation responsible for the gathering and broadcasting of news and current affairs. The department is the world's largest broadcast news organisation and generates about 120 hours of radio and television output each day, as well as online...
- Give Us Your DNA, BBC Panorama
- NPIA National DNA Database NPIA National DNA Database
- Guardian Podcast on the pros and cons of the DNA database
- Summary of National DNA Database from the Prosecution Perspective, Crown Prosecution ServiceCrown Prosecution ServiceThe Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public prosecutions of people charged with criminal offences in England and Wales. Its role is similar to that of the longer-established Crown Office in Scotland, and the...