DNA plans at an end, says data chief

THE Data Protection Commissioner said a landmark court decision meant that the Irish Government could not go ahead with plans to retain DNA samples of people arrested, but not convicted, for crimes.

As reported in yesterday’s Irish Examiner, the European Court of Human Rights ruled that retaining DNA samples of people arrested, but not subsequently convicted, was in breach of the European Convention on Human Rights.

The Government is at an advanced stage of introducing legislation which provides for retaining “indefinitely” DNA samples and profiles of people arrested, but not necessarily charged or convicted of crimes.

The Data Protection Commissioner Billy Hawkes indicated the implications of the ruling were clear: “I welcome yesterday’s decision by the European Court of Human Rights relating to the practice of retaining fingerprints and DNA material of suspects after the criminal proceedings against them had ended in acquittal or had been discontinued.

“The judgment has important implications for the protection of human rights in Irish society and should ensure that disproportionate powers of retention of fingerprints and DNA profiles of people who have not been convicted of any offence will not enter the Irish statute book.”

He told the Irish Examiner: “It is a powerful reminder to those entrusted with ensuring our collective security that they must find the right balance between public and private interests, and avoid undue interference with the right to a private life.”

The ruling is a huge blow to the Government, and the gardaí. They hoped the extended DNA powers would greatly assist the investigation of crimes.

A spokeswoman for the Department of Justice said on Thursday that it would “consider the decision of the court” and take it into account in drafting the proposed legislation.

The extension of Garda powers in relation to DNA samples and the establishment of a DNA database are contained in the General Scheme of the Criminal Justice (Forensic Sampling and Evidence) Bill, published in January 2007. Justice Minister Dermot Ahern has said he intended to publish the full bill early in the new year.

The European court decision came after two British men took a case over the retention of their DNA samples by the British state even though they were not convicted of crimes for which they were arrested.

Labour party justice spokesman Pat Rabbitte said while he understood the arguments in favour of holding details of those arrested he had “grave reservations” of what appeared to be an “extraordinary intrusion” into people’s privacy.