Police could have to delete DNA records of offenders

CRIMINALS could have their DNA and fingerprint records destroyed – to protect their privacy.

Ministers are to ‘review current legislation’ to consider whether offenders’ ‘biometric data’ should be scrapped.

Under present rules, a single conviction means the evidence can be held indefinitely – but this has raised concern over human rights.

An independent advisory group led by John Scott, QC, has called for the creation of strict rules on how long it should be stored.

But last night there were fears that criminals who reoffend could escape justice under the proposed shake-up, which was backed by Justice Secretary Michael Matheson.

Scottish Labour justice spokesman Daniel Johnson warned that it was ‘important that we do retain biometric data for those who have been convicted of sexual offences and other serious crimes’.

Mr Scott’s report reviewed the use of ‘biometrics’ and called for a series of changes.

Commenting on the indefinite retention of biometric data, it said ‘it is questionable whether such a blanket policy is proportionate, and consideration should be given to amending the current approach’.

Fingerprints and DNA from those convicted of a single criminal offence can be retained indefinitely, regardless of gravity.

Fingerprints and DNA from those arrested but not convicted must be destroyed immediately with exceptions for certain sexual or violent offences.

The expert group also said a watchdog should be created to oversee a statutory code of practice governing the use of DNA, fingerprints and images by police and other authorities.

It looks at creating a new code on the acquisition, retention, use and disposal of biometric data for Police Scotland, the Scottish Police Authority and other public bodies, and establishing an independent Scottish biometrics commissioner.

Mr Matheson set up the group last year partly in response to criticism over retention of ‘mugshots’ of those charged but not convicted.

The force held 432,888 sets of fingerprints and photos of 362,348 individuals as of August 2017. In December that year, Police Scotland held 332,213 criminal justice DNA samples.

Mr Matheson said the Scottish Government accepts the group’s report and ‘the thrust’ of the recommendations, which are also supported by Police Scotland.

Police Scotland Assistant Chief Constable Gillian MacDonald said biometrics were ‘a critical tool in the investigation and prevention of crime’.

She added: ‘We recognise the importance of ensuring the public has trust and confidence in the procedures which govern its use.’

Commenting on the call to end retention of data, a Scottish Government spokesman said: ‘The advisory group notes that developing the robust evidence required to point to a specific timescale for retention of biometric records has proved challenging in the past.’

‘Critical tool in the prevention of crime