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You are in Human Genetics → Privacy and Discrimination → The UK Police National DNA Database → The database in Scotland

The database in Scotland

On 7th June 2007, First Minister Alex Salmond announced a review of DNA retention in Scotland. However, this review is "predicated on the basis that DNA will be retained only in specific circumstances and that blanket retention of DNA is unacceptable in the relationship between the citizen and the state". The terms of reference of the review were announced on 24th September and it will report to the Scottish Government within 6 months.

Background

In May 2006, the Scottish Parliament voted to reject a proposal to allow the police to store all DNA taken on arrest permanently (which would bring Scottish law in line with English law). Instead, they agreed to expand police powers to retain some DNA from innocent people, but only in specific circumstances. MSPs voted to allow retention of DNA from some adults charged with but not convicted of violent or sexual offences for 3 years, after which the police must apply to a Sheriff if they want to keep the DNA sample and information for a further 2 years. They rejected amendments which would have allowed DNA to be taken from children accused of sexual offences and kept permanently.

GeneWatch provided a number of briefings to MSPs and gave evidence to the Justice 2 Committee. Commenting on the outcome of the vote Dr Helen Wallace, Deputy Director of GeneWatch said;

"Scotland has sent a strong signal to London today that blanket retention of all DNA by the police poses an unacceptable threat to civil liberties. England and Wales are isolated internationally as the only countries where DNA can be kept permanently from thousands of innocent people, including children. This practice has done little to solve crime and has instead lost public trust in police use of DNA ".

However, GeneWatch is still concerned that many people convicted of relatively minor offences in Scotland will have their DNA kept for life and that the law will fail to restrict uses of the samples or information derived from them. Both DNA profiles (the string of numbers used for identification purposes) and DNA samples, which contain more sensitive genetic information, will be retained.

The 2006 decision by the Scottish Executive followed a consultation it held in 2005 on whether the police should be able to keep the DNA samples and fingerprints they collect permanently.

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