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10th April 2024 Issue no. 700

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Supreme Court rules that police guidelines are unlawful

In a recent Supreme Court case, GC & C v the Commissioner of Police of the Metropolis, two individuals challenged the police's retention of their DNA samples and fingerprints.

The Court found that the Association of Chief Police Officers' (ACPO) guidelines, which prescribe that biometric data of unconvicted individuals should be indefinitely retained other than in exceptional circumstances, are unlawful as they do not comply with Article 8 of the European Convention on Human Rights (ECHR) covering the 'Right to respect for private and family life'.

The Court granted no other relief to the appellants and made no order for the appellants' biometric material to be destroyed. Lord Dyson, delivering the leading judgement, made clear that it is the responsibility of Parliament to introduce an appropriate solution to ensure that the retention of biometric data complies with Article 8 of the ECHR.

In February the government outlined proposals in the Protection of Freedoms Bill aimed at addressing these concerns. The Information Commissioner welcomes a more proportionate approach to the retention of unconvicted individuals' biometric data and will continue to work with the Home Office and police to ensure the collection and retention of DNA related information complies with data protection requirements.

3rd August 2011