In a decision welcomed by civil liberties campaigners, the European Court of Human Rights in Strasbourg has ruled that keeping the DNA records of innocent people on a criminal register is a breach of Article 8 of the European Convention on Human Rights which covers the right to respect for private and family life.

The Court ruled that keeping the DNA records of individuals never convicted of an offence and therefore ‘entitled to the presumption of innocence’ carried ‘the risk of stigmatisation.’ Judges attacked the ‘blanket and indiscriminate nature’ of the police’s power to retain data. They added that the protections offered under Article 8 would be ‘unacceptably weakened’ if such use of scientific techniques wasn’t balanced against the individual’s ‘important private-life interests.’

This judgment follows the legal challenges of two British men, Michael Marper (45) and ‘S’ (19). Both requested that their fingerprints, DNA samples and profiles be destroyed after being cleared of suspected offences. South Yorkshire police refused, saying that the details would be retained ‘to aid criminal investigation.’

According to Shami Chakrabarti (director of Liberty) the court had ensured ‘the privacy protection of innocent people that the British government has shamefully failed to deliver.’

Now police forces all over the UK could be forced to destroy the DNA details of those with no criminal convictions. At present, the DNA database for England, Wales and Northern Ireland consists of approximately 4.4 million records. It is already common practice in Scotland to destroy the DNA samples obtained during criminal investigations from people who are eventually not charged, or are later acquitted.

Home Secretary Jacqui Smith has expressed her ‘disappointment’ over the Court’s decision, and has said that existing laws would remain in place while ministers considered the judgment. Chris Sims, speaker on forensics for the Association of Chief Police Officers, has said that this ruling would have a ‘profound impact’ on policing.’