Decision as to the admissibility of S. and Marper v. U.K.
Council of Europe. European Court of Human Rights, Fourth Section
European Court of Human Rights, Fourth Section, 2007 January 16. Application Nos. 30562/04 and 30566/04
The Chamber of the European Court of Human Rights decided that the applications of two United Kingdom citizens were admissible due to questions of law and fact under the European Convention Articles 8. Both S. and Marper had been arrested and had fingerprints and biological samples taken after arrest. S. was acquitted, and the charges against Marper were dropped. Each applicant sought destruction of the records of the fingerprints and genetic samples under the U.K. Police and Criminal Evidence Act 1984 [PACE]. They claimed that retention of the fingerprints and samples interfered with "the right to respect for private life" under the European Convention, because such retention "was crucially linked to their individual identity and concerned a type of personal information that they were entitled to keep within their control." The government argued that "mere retention of fingerprints, DNA profiles and samples for the limited use under section 64 or PACE did not fall within the ambit of the right to respect for private life under Article 8."
Date of Decision: 2007 January 16
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El régimen jurídico de la conservación de datos sobre identificadores obtenidos a partir del análisis de ADN, a la luz de la Sentencia del Tribunal Europeo de Derechos Humanos (Gran Sala), de 4 de diciembre de 2008 (asunto S. y Marper c. Reino Unido)[Legal procedures for retention of identification data obtained by DNA analysis, in the light of the judgement of the European Court of Human Rights (Grand Chamber) of December 4, 2008 (Case: S and Marper v. United Kingdom) Reverón Palenzuela, Benito (2009-01)