§ Harry CohenTo ask the Secretary of State for the Home Department in relation to personal data linked to fingerprints or DNA stored on national police computers, whether the personal data are marked to identify those personal data which are associated with individuals who are not criminals or who are not suspected of any criminality; and if he will make a statement concerning compliance with the Third and Fifth Data Protection Principles in relation to these personal data. [74484]
§ Mr. DenhamThe Criminal Justice and Police Act 2001 allows for the retention of all fingerprints and DNA samples taken on suspicion of involvement in a criminal offence. These may be used only for the purposes of prevention and detection of crime, the investigation of an offence or the conduct of a prosecution.
The legislation has been challenged in the courts under the European Convention of Human Rights. On 12 September 2002 the legislation was ruled in the Court of Appeal to have not contravened the Convention. The Association of Chief Police Officers (ACPO) and the Home Office have been looking at how the police can best use the opportunities provided by the Criminal Justice and Police Act 2001. A revision of the rules governing the weeding of records from the Police National Computer is being examined in parallel with consideration of the best way to retain data on fingerprints and DNA from individuals who have been acquitted. The Information Commissioner's Office is being fully consulted on this exercise.
The DNA profiles of individuals who have had samples taken lawfully under the Police and Criminal Evidence Act 1984, but against whom the prosecution was not proceeded with or who were subsequently acquitted by the courts, can be identified on the National DNA Database. DNA samples are retained and used solely for the purposes of prevention and detection of crime, the investigation of an offence or the conduct of a prosecution and such use does not contravene data protection legislation. Currently the fingerprints of persons who are acquitted or against whom charges have not been proceeded with are weeded from the National Automated Fingerprint Identification System (NAFIS) system. Once the acquittal/not proceeded with information is put on the Police National Computer a message is sent to NAFIS and the fingerprint record deleted. In light of the changes in the Criminal Justice and Police Act 2001, further proposals are under consideration in relation to the system to allow for the retention of fingerprints on NAFIS in such cases.
§ Harry CohenTo ask the Secretary of State for the Home Department under what circumstances a police officer can take(a) fingerprints and (b) DNA samples from those stopped for motoring offences. [74586]
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§ Mr. DenhamWhether the police can take fingerprints or samples in relation to an alleged motoring offence will depend on the specific circumstances.
Under the Police and Criminal Evidence Act 1984 (PACE), fingerprints or samples can only be taken with the consent of a suspect detained at a police station unless specific provisions apply.
Fingerprints can be taken without consent with the authority of an officer of at least superintendent rank who has reasonable grounds for suspecting the involvement of the person in a criminal offence and for believing that the fingerprints will tend to confirm or disprove his involvement or will facilitate ascertaining his identity; from a person who has been charged with a recordable offence or informed that he will be reported for such an offence and has not previously had his fingerprints taken in relation to that offence; or from a person convicted of a recordable offence.
Non-intimate samples can be taken without consent with the authority of an officer of at least superintendent rank who has reasonable grounds for suspecting the involvement of the person in a recordable offence and for believing that the sample will tend to confirm or disprove his involvement; from a person who has been charged with a recordable offence or informed that he will be reported for such an offence and either has not had a sample taken from him in the course of the investigation of the offence or has had a sample taken which was either unsuitable for analysis or insufficient; or from a person convicted of a recordable offence.