ICCL Review New DNA Database Bill

It is welcome news that the Irish Council for Civil Liberties (ICCL) will undertake a review of the Irish Government's new Criminal Justice (Forensic Evidence and DNA Database System) Bill 2010 to establish if it falls foul of Article 8 (right to privacy) of the European Convention on Human Rights.

In December 2008, the Grand Chamber of the European Court of Human Rights issued a judgement in the case of S. and Marper v the United Kingdom, which examined the use and retention by state authorities of fingerprints, cellular samples and DNA profiles of persons suspected but not convicted of an offence. The judgement will have a massive bearing on the legitimacy of the Irish Government's bill and the ICCL's review will have to consider the following from the judgement;

(1) Retention of such personal data must strike a fair balance between competing public and private interests. The Court in the above case was disturbed by the blanket and indiscriminate nature of the power of retention in England and Wales.
(2) Provision for an independent review of the justification for the retention of such data should be made.
(3) Retention of unconvicted persons' data would be especially harmful in the case of minors, especially if the nature and gravity of the offence in question are not taken into consideration.
(4) Retention should be time-limited.

The Court concluded unanimously that there had been a violation of Article 8 of the European Convention on Human Rights so the Irish Government should be aware that it has a small margin of appreciation and should listen to the ICCL's advice.