DNA Profiling

I would like to ask some questions relating to DNA/Fingerprints/Other forms of biometric data profiling.

1. How many misclassifications have resulted from DNA profiling by your Local Police Force?

2. How many people who are innocent(those who are not charged) have had their DNA/Fingerprints/Other forms of Biometric data taken by the Local police to be added to the National Police Computer, National DNA Database, and for how long will this be retained?

3. How many times has the Chief of the Local Police force asked for an extension on the amount of time a DNA sample/fingerprint can be held for ii) How many times has a magistrate's court agreed to the request?

In accordance with section 1(1) (a) of the Act our response is provided below;

From our preliminary assessment, we estimate that compliance with your request would exceed the appropriate costs limit under section 12 of the Freedom of information Act 2000. This is currently £450. This is primarily due to question 2. The retrieval of the information will require a manual search of all custody records to identify if a person who had their DNA sample taken was subsequently charged or not. This is likely take well in excess of 800 hours. This will exceed the appropriate limit.

Section 17 of the Freedom of Information Act 2000 requires the Cheshire Constabulary, when refusing to provide such information (because the information is exempt) to provide you with a notice which a) states that fact, b) specifies the exemption in question and c) states (if that would not otherwise be apparent) why the exemption applies.

The appropriate limit is defined in the Data Protection and Freedom of Information (Fees and Appropriate Limit) Regulations 2004, which is covered by statutory Instrument Number 3244 of 2004. Furthermore, Section 12 of the Freedom of Information Act 2000 allows a public authority to refuse to respond to a request for information where the cost of compliance would exceed the appropriate limit as defined by the above mentioned regulations.

In respect of question 1, this information would not be known until we actually came across it and thus far we do not have that information.

Question 3: None. For your further information in relation to this issue, following the S & Marper ruling the Home Office carried out a period of consultation on how to comply with the ruling relating to the indefinite retention of DNA profiles. The government then proposed that the DNA profiles of anyone convicted of a recordable offence would be retained indefinitely but other profiles would be removed from the database after a number of years. As of January 2011 this consultation remains unimplemented.

However the Protection of Freedoms Bill is currently receiving a second reading in Parliament is likely to become legislation later in 2011. Contained within this piece of legislation are some amendments to PACE in relation to the retention of fingerprints and DNA. Protection of Freedoms Bill (HC Bill 146) - Publications Parliament Website Sections 3 & 9