CAN THE NATIONAL DNA DATABASE BE EFFECTIVE AND COMPLY WITH HUMAN RIGHTS LEGISLATION?

摘要

In 2008 the European Court of Human Rights ruled that blanket retention of DNA and fingerprints on the UK National DNA Database (NDNAD) was contrary to Article 8 of the European Convention on Human Rights. This prompted a review of legislation, a period of consultation, a government response within the Crime and Security Act (2010) and, following a new government, the Protection of Freedoms Act 2012. The Pruem Treaty (2005) creates an obligation to establish an infrastructure that enables an EU-wide database which will be accessible to every police force in the EU. There are significant concerns about the exchange of information relating to UK citizens who have not been convicted of any offence. This paper will examine how effective the legislation is in balancing the needs of the state with that of the individual, and the efficacy of the NDNAD, as well as strategies for the effective detection of criminals.