The UK National DNA Database setting a precedent

The UK National DNA Database: setting a precedent worldwide? Helen Wallace www. genewatch. org

Expansion of the police DNA database in England Wales • Criminal Justice and Police Act 2001 (May 2001): allowed retention of DNA profiles, fingerprints and samples after acquittal or if charges dropped • Criminal Justice Act 2003: move to collection on arrest (all recordable offences) • Intended to set a precedent internationally (in order to expand the forensic testing business)

Scottish parliament decides against indefinite retention of DNA from innocent people in 2006

• GLASGOW HERALD • Police DNA records plan 'fails to solve more crimes' Warning on keeping profiles of the innocent • JAMES MORGAN 27 Feb 2006 • GIVING police powers to retain the DNA samples of every person arrested in Scotland would have little impact on solving crime, according to a study. • A bill to introduce the controversial law, which will be amended to give officers the right to keep the DNA of people who have not been charged or convicted, will come under scrutiny from MSPs tomorrow. • Human rights campaigners fear the measures may create a permanent "list of suspects" that could be misused, and have raised concerns over civil liberties. Police chiefs insist the scheme would help tackle crime. • A report by Gene. Watch UK, a policy research and lobby group, found the number of crimes detected using the DNA database actually fell in 2004 -5, the same year that the DNA profiles of 124, 347 people who had been arrested but not charged or cautioned were first retained in England Wales.

• A 13 -year-old who hit a police car with a snowball. New Statesman. 25 th April 2005. • A 14 -year-old girl arrested for allegedly pinging another girl's bra. The Daily Mail. 28 th July 2006. • Grandmother arrested for stealing football 'for revenge'. The Daily Mail. 5 th October 2006. • A computer technician wrongly accused of being a terrorist. The Register. 17 th September 2007. • Fingerprinted and checked for DNA. . . the ten-year-old ‘bullying victim’. The Evening Standard. 11 th September 2009. • TV executive Janet Street-Porter. The Independent. 31 st July 2008. • Comedian Mark Thomas. The Guardian. 19 th March 2009. • A 12 -year old-schoolboy arrested for allegedly stealing a pack of Pokemon cards. The Times. 24 th November 2009. • (At least) three innocent (Conservative) members of parliament

Key elements of the campaign • Information for members of the public • ‘Reclaim your DNA’ website and advice for innocent people on the DNA database • Engagement with MPs (including by their constituents) • Highlighting victims of the system • Countering misinformation (“ 88 murders have been solved” + individual cases) • Setting a precedent (Scotland) • Legal case • Support from across the political spectrum

To sum up • Expansion of the UK police database (collection of DNA routinely on arrest, indefinite retention of data) was intended to set a precedent worldwide • Lessons can be learned from the UK campaign to improve human rights safeguards in other countries (bearing in mind each country is different) • Countering misinformation and engaging members of the public are key elements