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Genetics: Databases

Volume 478: debated on Wednesday 2 July 2008

To ask the Secretary of State for the Home Department what the reasons have been for the removal and destruction of DNA samples from the National DNA database following a request to do so from the person from whom the DNA was taken; and if she will make a statement. (197287)

Under the Police and Criminal Evidence Act 1984 (PACE), the police have the power indefinitely to retain profiles on the National DNA Database (NDNAD) derived from samples taken from persons arrested for a recordable offence and detained in a police station, regardless of whether they are charged or convicted. While the decision on whether to agree to a request from an individual to have their DNA profile removed from the NDNAD lies with the chief officer of the police force which took the sample, profiles will normally be retained unless there are exceptional circumstances.

Given that a number of factors may be applicable to each individual decision, there is no specific breakdown of the reasons for the removal and destruction of DNA samples from the NDNAD following a request to do so from the person from whom the DNA was taken.

The Association of Chief Police Officers (ACPO) has a national Criminal Records Office (ACRO), based in Hampshire, which deals with matters relating to criminal records, DNA and fingerprints on behalf of chief officers. In the area of removals from the NDNAD, they assist chief officers in arriving at a decision, by providing examples of how requests have been dealt with in other police forces and offering advice. However, the final decision remains with chief officers, who are not obliged to refer cases to ACRO or to agree with its recommendations.

To ask the Secretary of State for the Home Department how many people without a criminal conviction have made representations to her Department to have their names removed from the national DNA database. (202014)

Under the Police and Criminal Evidence Act 1984, the decision on whether to agree to a request from an individual to have their DNA profile, fingerprints and associated records removed from police databases lies with the chief officer of the police force which took the DNA sample and fingerprint records, so requests from people without a criminal conviction go to chief officers, and not the Home Office. No central records are kept of the number of such requests made, and the number of those which are from people without a criminal conviction.

To ask the Secretary of State for the Home Department when she plans to publish the National DNA Database Annual Report for (a) 2006-07 and (b) 2007-08; and if she will make a statement. (213044)

[holding answer 23 June 2008]: A precise date for the publication of the National DNA Database Annual Report for 2006-07 is not yet available, but it is expected to be published in the near future. The timescale for the production of the Annual Report for 2007-08 is shortly to be considered by the National DNA Database Strategy Board.