GeneWatch has many concerns about the Police National DNA Database.

We believe the law should be changed to make the Database much smaller and more carefully controlled. Important changes can be made to safeguard privacy and rights without compromising the use of DNA in fighting crime. In a landmark ruling on 4th December 2008, the European Court of Human Rights agreed.

The Coalition Government is now introducing a new Freedom Bill to bring the law in England and Wales into line with Scotland.

If your DNA is on the database you can still write to the Chief Constable of the police force that arrested you. If you have no cautions or convictions the Reclaim your DNA website will generate your letter automatically.

Introduction

The police in Britain keep more DNA samples than any other country, per head of population. The US database is slightly larger in terms of total numbers. About 8% of the UK’s population (5 million people) is on the National DNA database compared to Austria, which has the 2nd largest proportion of the population on its police database at just over 1%. Although the assumption is that by holding the DNA profiles of more individuals on the database, more crimes will be solved, there is no evidence to support this. However, evidence of abuse of the information held on the police database is increasing, including its use for controversial genetic research without consent.

Since April 2004, the police in England and Wales have been able to take DNA samples without consent from anyone arrested on suspicion of any recordable offence. The law in Northern Ireland is the same but has not yet been fully implemented. Recordable offences include begging, being drunk and disorderly and taking part in an illegal demonstration. Both DNA profiles (the string of numbers used for identification purposes) and DNA samples (which contain unlimited genetic information), are kept permanently, even if the person arrested is never charged or is acquitted. A massive expansion in the number of individuals on the Database has not led to any noticable increase in the likelihood of identifying a suspect. GeneWatch believes the current practices are wrong and has a number of concerns about the governance of the database.

In Scotland the law is different and DNA cannot be kept permanently from innocent people. However, DNA from people convicted of relatively minor offences such as Breach of the Peace can be kept for life.

GeneWatch’s Position Statement

GeneWatch believes that DNA can be an important tool in criminal investigations. We are not opposed to the existence of a DNA Database. However, we oppose the current law and practice in England and Wales because:

  • it allows the permanent retention of DNA samples and records from anyone arrested for virtually any offence, regardless of whether they are charged or convicted;
  • uses of the Database are not adequately documented or controlled;
  • legislation has been rushed through without adequate public or parliamentary debate, in a political context where there are increasing concerns about a growing police state or surveillance society;
  • it will not make a significant difference to the detection of serious crime.

The law in England and Wales goes much further than in any other country and similar proposals to keep the DNA of innocent people permanently were recently rejected by the Scottish Parliament.

GeneWatch believes the law should be changed and that more public debate is needed to determine the appropriate balance between crime detection, human rights and privacy. We think that there are important changes that can be made to safeguard privacy and rights without compromising the use of DNA in fighting crime. These include:

  • a policy of time limits on the retention of people’s DNA profiles on the Database, related to the seriousness of the offence and whether a person has been convicted (similar to the original policy adopted when the Database was set up in 1995). A policy on retention would limit the potential for future governments to misuse the data to restrict people’s rights and freedoms. A public debate is needed to establish the details of who should be on the Database and for how long.;
  • destroying individuals’ DNA samples once an investigation is complete, after the DNA profiles used for identification have been obtained. This would limit the potential for personal genetic information to be revealed in future, as science, technology and new policies develop;
  • an end to the practice of allowing companies to undertake controversial genetic research using the Database (which has included attempts to link DNA profiles with ethnicity). This practice breaches ethical requirements for informed consent to genetic research;
  • a return to the previous policy of taking DNA on charge, rather than arrest, except when the sample is needed to investigate the specific crime for which a person has been arrested. This would reinstate an important safeguard against the collection of DNA profiles reflecting discriminatory policing;
  • the creation of an independent, transparent and accountable governing body.

Resources

Read the original consultation document, the responses and the Scottish Executive’s report.