Indefinite retention of DNA profile, fingerprints and photographs of a convicted motorist contrary to article 8 – UK Police Law Blog

‘The European Court of Human Rights court held in Gaughran v United Kingdom [2020] ECHR 144 that the police’s indefinite retention of DNA profile, fingerprints and photographs of person convicted of a minor offence without a possibility of review constituted an infringement of Article 8 ECHR (respect for private life). This is the latest in a number of cases where the ECtHR has disagreed with a decision of the Supreme Court and represents a further development of the meaning of “private life”.’

Full Story

UK Police Law Blog, 30th April 2020


Fingerprint case highlights importance of biometric policies and consent –

Posted June 13th, 2019 in fingerprints, news, privacy, unfair dismissal by sally

‘An unfair dismissal case has highlighted the need for companies to update policies and procedures and to obtain full consent before using biometric data in the workplace.’

Full Story, 11th June 2019


Most police forces fail to meet fingerprint evidence standards – The Guardian

Posted January 7th, 2019 in evidence, fingerprints, forensic science, news, police, standards by sally

‘Less than 10% of police forces have met basic quality standards for fingerprint evidence, the government’s forensic science regulator has warned.’

Full Story

The Guardian, 7th January 2019


Viktorija Sokolova murder: Teenage killer convicted after fingerprint was lifted from video in ‘legal first’ – Daily Telegraph

‘Video footage of a fingerprint helped convict a teenage boy of the “inexplicably” violent murder of a 14-year-old in what is believed to be a legal first.’

Full Story

Daily Telegraph, 14th December 2018


Fingerprints and DNA of up to 800 terror suspects destroyed because of errors by spies and the police – Daily Telegraph

Posted May 27th, 2016 in DNA, fingerprints, intelligence services, news, police, terrorism by tracey

‘The fingerprint and DNA profiles of up to 800 terror suspects have been destroyed because of errors by spies and the police, it has emerged.’

Full story

Daily Telegraph, 26th May 2016


How your phone and fitness band could end up giving evidence against you – The Guardian

‘A criminal suspect can’t be forced to divulge their phone passcode, a US circuit court judge ruled in October 2014. Yet law enforcement officials can compel a suspect to provide a fingerprint – which they can then use to unlock the phone and obtain data which may prove the case against them.’

Full story

The Guardian, 24th February 2015


Foreign criminals’ data taken off police records – The Guardian

‘Biometrics commissioner warns privacy laws meant to protect innocent could also guard those committing offences abroad.’

Full story

The Guardian, 16th December 2014


Applications to the Biometrics Commissioner under PACE – Home Office

Posted September 29th, 2014 in codes of practice, data protection, DNA, evidence, fingerprints, news, police by tracey

‘Guidance for chief police officers when considering whether to make an application to the Commissioner for the retention and use of biometric material.’

Full text

Home Office, 26th September 2014


Schwarz v Stadt Bochum – WLR Daily

Posted October 22nd, 2013 in EC law, fingerprints, law reports, news, passports, proportionality by tracey

Schwarz v Stadt Bochum: (Case C‑291/12);   [2013] WLR (D)  386

“Article 1(2) of Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by member states, as amended, which obliged national authorities to take fingerprints of persons applying for passports, was validly adopted and was proportionate to the aim of protecting against the fraudulent use of passports.”

WLR Daily, 17th October 2013


Public Prosecution Service (Respondent) v McKee (Appellant) – Supreme Court

Public Prosecution Service (Respondent) v McKee (Appellant) [2013] UKSC 32 | UKSC 2012/0007 (YouTube)

Supreme Court, 22nd May 2013


Protection of Freedoms Act comes into force and lays out new laws on DNA retention and surveillance cameras –

Posted May 3rd, 2012 in closed circuit television, DNA, fingerprints, legislation, news by sally

“A new code of practice on public surveillance using CCTV systems and automatic number plate recognition (ANPR) technology will be introduced by new laws recently enacted.”

Full story, 3rd May 2012


Illegal workers and benefit abusers targeted – Home Office

Posted February 28th, 2012 in benefits, fingerprints, fraud, immigration, press releases by tracey

“Immigration Minister Damian Green announced the expansion of the Biometric Residence Permits (BRPs) system to help tackle immigration abuse by proving a person’s right to work or access services in the UK.”

Full press release

Home Office, 27th February 2012


Fingerprint standards questioned by Court of Appeal – Law Society’s Gazette

Posted June 2nd, 2011 in evidence, expert witnesses, fingerprints, news by sally

“The Court of Appeal has called for an examination of the quality standards of fingerprint experts.”

Full story

Law Society’s Gazette, 2nd June 2011


Guidelines on DNA samples unlawful – The Independent

Posted May 18th, 2011 in DNA, fingerprints, news, police by tracey

“Police guidelines allowing forces to retain the fingerprints and DNA samples of innocent people are unlawful, a panel of leading British judges ruled today. The ruling was made by the Supreme Court in London nearly three years after the European Court of Human Rights reached a similar conclusion.”

Full story

The Independent, 18th May 2011


Schools to be banned from fingerprinting without parental consent – Daily Telegraph

Posted February 10th, 2011 in fingerprints, news, privacy, school children by sally

“Schools are to be banned from fingerprinting children without their parent’s consent as part of a raft of measures to restore civil liberties, The Daily Telegraph can disclose.”

Full story

Daily Telegraph, 10th February 2011


Fingerprint identification evidence questioned by senior judge – Daily Telegraph

Posted November 19th, 2010 in evidence, fingerprints, identification, news by sally

“A senior judge has raised concerns over fingerprint evidence used in criminal trials, warning that it rests on ‘assumptions’ that have never been scientifically proven.”

Full story

Daily Telegraph, 19th November 2010


Palm print led to arrest of teenage rapist 25 years later, court hears – The Guardian

Posted September 8th, 2010 in burglary, false imprisonment, fingerprints, news, rape, sexual offences by sally

“A teenager who raped a woman in her home and forced her flatmate to join in the abuse was caught by his palm print 25 years later, a court heard today.”

Full story

The Guardian, 7th September 2010


Hampshire couple fined after dumping lizards in hedge – BBC News

Posted September 3rd, 2010 in animal cruelty, community service, fines, fingerprints, news by sally

“A couple who dumped five pet bearded dragons in bin bags have both been fined £1,113.”

Full story

BBC News, 3rd September 2010


Man who threatened to kill Cheryl Cole jailed – Daily Telegraph

“A man who threatened to kill singer Cheryl Cole and blow up a football stadium has been jailed for two years.”

Full story

Daily Telegraph, 6th August 2010


Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Same – WLR Daily

Posted July 20th, 2010 in DNA, fingerprints, human rights, law reports, police, precedent by sally

Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Same [2010] WLR (D) 193

“When it was not possible to reconcile a decision of the House of Lords in relation to the proportionality and legitimacy of the indefinite retention on the United Kingdom’s Police National Computer of biometric data obtained in the course of criminal investigations with a subsequent holding by the European Court of Human Rights that the policy was unlawful, the doctrine of precedent and legal certainty demanded that the Divisional Court should follow the decision of the House of Lords, notwithstanding that both the previous government and the newly elected government of the United Kingdom had signalled their intention to amend the relevant legislation.”

WLR Daily, 19th July 2010


Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.