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Court rules DNA retention breaches children's rights

1 min read Youth Justice
A European court has ruled that an 11-year-old from Sheffield had his privacy rights breached when police retained his DNA sample after he was acquitted of attempted robbery.

The European Court of Human Rights today overturned the decision of UK courts when it ruled that there had been a violation of the European human rights convention in the case of "Mr S", who was 11 when he was arrested in 2001.

The court ruling stated: "Retention of the unconvicted persons' data may be especially harmful in the case of minors given their special situation and the importance of their development and integration in society."

The court said it noted the concerns of the Nuffield Council of Bioethics that young people who have not been convicted of any crime are overrepresented in the DNA database.

Katy Swaine, legal director of the Children's Rights Alliance for England, said: "Action must now be taken to remove the profiles of thousands of innocent children from police databases." Home Office estimates indicate that the police currently hold DNA profiles of up to 360,000 children.

Mr S and a second man, Michael Marper, were awarded costs of 42,000 Euros.

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