S and Marper v. United Kingdom
Council of Europe. European Court of Human Rights, Grand Chamber
European Court of Human Rights, Grand Chamber, 2008 December 4. Application Nos. 30562/04 and 30566/04
Court Decision: The Grand Chamber of the European Court of Human Rights delivered judgment against the U.K. for violation of Article 8 of the European Convention. The court found "that the blanket and indiscriminate nature of the powers of retention of the fingerprints, cellular samples and DNA profiles of persons suspected but not convicted of offenses, as applied in the case of the present applicants [S. and Marper], fails to strike a fair balance between the competing public and private interests and that the respondent State has overstepped any acceptable margin of appreciation in this regard. Accordingly, the retention at issue constitutes a disproportionate interference with the applicant's right to respect for private life and cannot be regarded as necessary in a democratic society." In making its decision, the court noted a report by the Nuffield Council on Bioethics and also drew comparison of the U.K. law on retention of biological samples to those of the other state members in the European Union.
Date of Decision: 2008 December 4
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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)