§ Mr. CohenTo ask the Secretary of State for the Home Department (1) if he will make it his policy that all reasonable steps are taken to destroy the DNA genetic fingerprints of those who have committed no crime;
(2) what is his policy on whether personal data representing a DNA genetic fingerprint and which relate to individuals who are present at the scene of crime can be retained by the police indefinitely.
§ Mr. Charles WardleMy right hon. and learned Friend's policy on the taking and use of DNA samples by the police mirrors as closely as possible the existing, tried and tested regime for the taking of fingerprints. At present fingerprints and samples must be destroyed if the person from whom they were taken is cleared or not proceeded against.
There are practical problems in the destruction of material generated in the processing of DNA profiles. These problems arise where the samples relating to one case are processed together to reduce experimental distortion; and with computer records where total erasure may be impractical. It is also important to ensure that records remain intact for any subsequent inquiries into alleged miscarriages of justice.
The important principle is that information from unconvicted suspects should not be retained on the intelligence database and should not be used against them either in evidence or for the purposes of investigating offences. My right hon. and learned Friend has undertaken to introduce an amendment to clause 42 of the Criminal 160W Justice and Public Order Bill to clarify the circumstances in which information derived from samples taken from unconvicted suspects should be able to be retained but protected from use in evidence or in the investigation of offences.