To ask Her Majesty's Government what differences in the sensitivity and utility of data in the national DNA database and the National Fingerprint Database account for the different rules for collection, storage and removal of personal data that apply to those databases. [HL2757]

The legal provisions governing the taking and retention of DNA samples and fingerprints for the national DNA database (NDNAD) and the national fingerprint database (IDENT1) are set out in the Police and Criminal Evidence Act 1984 (PACE), as amended by the Criminal Justice and Police Act 2001 and the Criminal Justice Act 2003. They provide that both DNA and fingerprints may be taken from a person arrested for a recordable offence and retained indefinitely, including for persons who are not convicted of a crime.

Policy on the retention of DNA and fingerprint records is being reviewed in the light of the judgment of the European Court of Human Rights in the case of S and Marper. The Government are considering their response to the judgment in conjunction with the Council of Europe’s Committee of Ministers. A White Paper will be published later this year which will contain proposals on how we intend to implement the judgment.

In relation to the removal of records, under the provisions in PACE, 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 force which took the DNA sample and fingerprint records.

In January 2006, the Association of Chief Police Officers (ACPO) issued guidance to chief officers on the consideration of applications for the removal of DNA samples, fingerprint records and Police National Computer records taken by forces in England and Wales. The ACPO guidelines make it clear that it is expected that DNA profiles and fingerprints which have been taken lawfully will be removed in exceptional cases only.