PSNI to begin deleting DNA records from September after ruling
POLICE in Northern Ireland will begin “real-time” deletion of DNA records in September.
The indefinite storage of a convicted drink-driver’s profile, photo and fingerprints by officers is a breach of human rights, the European Court of Human Rights ruled earlier this year.
Fergus Gaughran from Newry was involved in a long legal battle against the PSNI over the digital retention of his DNA sample.
Mr Gaughran was arrested for drink-driving in 2008 and pleaded guilty. He was disqualified for a year.
European judges said his biometric data had been held without reference to the severity of his offence.
An earlier UK Supreme Court judgment had said the potential benefit to the public of retaining the DNA profiles of those who are convicted was considerable and outweighed the interference with the right of the individual.
That finding was overturned by Strasbourg judges.
The latest judgment by the European court in the area of biometric retention was that the PSNI was lawfully retaining biometrics as per existing provisions in the Police and Criminal Evidence Act 1984 (Pace), but that the provisions of Pace were in breach of an individual’s right to privacy and family life under Article Eight.
PSNI Chief Constable Simon Byrne told the Policing Board the force was committed to action.
“It is currently envisaged that this will fully commence in September 2020 with real-time deletions of Pace materials.”
The PSNI established a biometric retention/disposal ratification committee in 2015.
Mr Byrne said it met regularly to discuss applications from individuals requesting deletion of their biometric material.
He said the Department of Justice and the Northern Ireland Office will need to work to ensure that we develop legislative provisions capable of balancing the need to keep people safe with protecting the rights of individuals.