Police and Criminal Evidence Act (PACE) consultations
In August 2008, the Home Office published a further consultation on its proposals to expand police powers, including the collection of DNA. The consultation included plans to set up new "short term holding facilities" (STHFs) in shopping centres to take people's DNA and fingerprints. You can read GeneWatch's press release and consultation response here.
The proposals follow an earlier consultation on police powers, which included radical new proposals to extend the use of DNA and fingerprints, including collection on arrest for non-recordable offences. This part of the proposal has been put on hold pending the outcome of a decision by the European Court on Human Rights in the Marper case. After the judgment, the Government has promised to hold a further consultation about DNA and fingerprints.
The Home Office cites the response of the Association of Chief Police Officers (ACPO) as stating that: "Extending the taking of samples to all offences may be perceived as indicative of the increasing criminalisation of the generally law-abiding citizen".
ACPO later put out a statement saying that "ACPO has real concerns about the proposals to extend the taking of DNA and fingerprints for non-recordable offences such as speeding or dropping litter".
In the consultation document, the Home Office proposed that people could be detained in detention centres in shops or town centres for up to 4 hours. In order to be detained a person would only need to be suspected of an offence such as dropping litter. They would then have their fingerprints, DNA and photograph taken without their consent. This would apply to anyone over the age of ten.
Existing police powers allow this DNA - as well as the fingerprints and photographs and any computer records - to be kept permanently, even if the individual has not committed an offence.
The proposed use of existing DNA and fingerprint databases for 'identification' is a significant change of use. Currently the main use of the National DNA Database is to search for a match between an individual's DNA profile and a DNA profile from the scene of an unsolved crime. Using the National DNA Database for identification implies that the main use would be to search for a match between an individual's DNA profile taken on the street or in a detention centre and their DNA profile stored with their name and address. This implies:
- The DNA and fingerprint databases will have to be linked to the new National Identity Register which will include everyone's name and address (and/or to the new NHS Electronic Care Records system).
- The databases will have to be checked on the spot (or at least within the detention period of 4 hours) to confirm that the individual's DNA profile and fingerprints match those stored on the computer with their name and address.
- Everybody will have to have their DNA and fingerprints taken at some point, or it will not be possible to verify most people's identity.
It is not clear from the consultation whether a police officer would have to make the arrest, or whether this might be done by a Police Community Support Officer, or even someone employed by another agency.
Concerns about the proposals
The proposals in the Home Office consultation involve a massive expansion of the National DNA Database by taking DNA without consent and with negligible oversight.
There is significant potential for excessive Government surveillance and the erosion of people's privacy. For example, partial matches with DNA profiles on the National DNA Database can reveal who a person is related to (including paternity and non-paternity).
Although the consultation document states that the Home Office wants to protect the identity of witnesses and victims, in practice this will become impossible if everybody's DNA is on a database that is searched for identification purposes. Anyone who can get work in a detention centre will be able to reveal any individual's name and address by checking their DNA.
Submission to the Home Office's PACE consultation
1st December 2008
GeneWatch PR: Response to police powers review
29th August 2008
The Times [subscription]: Police want DNA from speeding drivers and litterbugs on database (2nd August 2007)
The Telegraph: Litter lout DNA samples a step too far (2nd August 2007)
The Independent: Police DNA database 'risks criminalising non-offenders' (2nd August 2007)
Daily Mail: Government accused on DNA samples (2nd August 2007)
The Guardian: Police may be given powers to take DNA samples on the street (2nd August 2007)
Evening Standard: Speeding drivers face DNA swabs under Big Brother powers (1st August 2007)
GeneWatch PR: GeneWatch welcomes citizens' inquiry into police use of DNA
2nd August 2007
GeneWatch UK submission to the Home Office consultation "Modernising Police Powers"
31st May 2007
The Observer: Civil rights fears over DNA for everyone (27th May 2007)
Briefing: How many innocent children are being added to the National DNA Database?
22nd May 2007
Briefing by GeneWatch UK and Action on Rights for Children. Based on Home Office figures we calculate that at least 100,000 innocent 10-17 year-olds are on the DNA Database.
GeneWatch & ARCH PR: Over 100,000 innocent young people now on the National DNA Database
22nd May 2007
GeneWatch UK submission to the Home Affairs Committee Inquiry "A surveillance society?"
26th April 2007
The Guardian: Every child to be screened for risk of turning criminal under Blair justice plan (28th March 2007)
Briefing note for MPs, MSPs, AMs & MLAs. DNA: proposed expansions of powers
26th March 2007
BBC Online: 'Retail jails' could ease police burden (15th March 2007)