One applicant was eleven when his fingerprints and a DNA sample were taken. He was later acquitted. Criminal proceedings against the other applicant were discontinued. Both asked for their material to be destroyed. At the time, the law in England and Wales allowed it to be retained indefinitely. The end of the criminal case had answered one question. It had left another open.
What does a database remember?
A fingerprint, a physical sample and a DNA profile are different things. A profile can be compared with material from a crime scene. The original sample contains genetic material from which more information can be obtained. In S. and Marper, the European Court of Human Rights examined the state’s continuing retention of these materials, even though neither applicant had been convicted in the proceedings in question.
The Grand Chamber accepted the importance of detecting crime. In 2008 it found that the blanket, indefinite retention regime failed to strike a fair balance and breached Article 8. The absence of meaningful distinctions between cases and the impact on unconvicted people, particularly children, mattered. The judges did not rule that the police must erase every record as soon as a prosecution ends. Read S. and Marper v United Kingdom, applications 30562/04 and 30566/04.
Start by identifying which record you mean
A letter confirming that proceedings have ended is useful. It may tell you very little about what remains on a particular system. Are you asking about fingerprints, a DNA profile, or an entry recording an arrest? Those are different requests. Record the police force, date, reference and outcome. Ask for the legal basis for retention and the review process that applies to that record.
The law in England and Wales changed after the judgment. Current retention and deletion rules depend on factors including the outcome and type of offence. Scotland and Northern Ireland have different systems. Avoid putting police reference numbers, identity documents or information about another person on social media when seeking help.
Read the official record deletion guidance and application information. For a different privacy question, see what the Court said about employers reading private messages.
If you want help making sense of a retention decision, begin with the written response and the relevant dates. Book an individual consultation.
