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S and Marper v United Kingdom
''S and Marper v United Kingdom'' () (ECHR 1581 ) is a case decided by the European Court of Human Rights which held that holding DNA samples of individuals arrested but who are later acquitted or have the charges against them dropped is a violation of the right to privacy under the European Convention on Human Rights.
==Facts==
In England, Wales and Northern Ireland, since 2004, any individual arrested for any recordable offence has had a DNA sample taken and stored as a digital profile in the National DNA Database. Even if the individual was never charged, if criminal proceedings were discontinued, or if the person was later acquitted of any crime, their DNA profile could nevertheless be kept permanently on record. The majority of the Council of Europe member states allow the compulsory taking of fingerprints and DNA samples in the context of criminal proceedings; however the United Kingdom (specifically, England, Wales and Northern Ireland) was the only member state that expressly permitted the systematic and indefinite retention of such DNA profiles. In contrast, DNA samples taken in Scotland when individuals are arrested must be destroyed if the individual is not charged or convicted.
The case involved two claimants from Sheffield, England: Mr. S. and Michael Marper. Mr S. was arrested on 19 January 2001 at the age of eleven and charged with attempted robbery. His fingerprints and DNA samples were taken. He was acquitted on 14 June 2001. Michael Marper was arrested on 13 March 2001 and charged with harassment of his partner. His fingerprints and DNA samples were taken. The charge was not pressed because Marper and his partner became reconciled before a pretrial review had taken place.
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