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It's time to put the police DNA Database on a proper statutory footing

24 November 2009

Britain has the largest police DNA database in the world - five million strong and still growing - yet it has developed piecemeal without a specific Act of Parliament.  It needs to be regulated on a clear statutory basis and supervised by an independent authority.

This is the main conclusion of Nothing to hide, nothing to fear? a report* published today (Tuesday) by the Human Genetics Commission (HGC), the Government's independent advisers on developments in human genetics.

The HGC Chair, Professor Jonathan Montgomery, said:

"DNA evidence plays a significant role in bringing criminals before the courts and securing convictions. But it is not clear how far holding DNA profiles on a central database improves police investigations. We have to strike a proper balance between identifying offenders and protecting privacy, including that of innocent people - we should not compromise that privacy without good reason.

"Parliament has never formally debated the establishment of the National DNA Database and safeguards around it - it has developed through amendments to laws designed to regulate the taking of fingerprints and physical evidence before DNA profiling was developed.  In the mean time there has been a steady 'function creep', allowing more and more people’s DNA to be kept, but it is not clear that this is matched by an improvement in securing convictions.  There needs to be a regular review of the positive value we get from the database - its 'forensic utility'."

The HGC recommends a series of improvements for the management and supervision of the database and calls for new guidance for police officers taking DNA samples, as well as closer monitoring to make sure they are following it.  It comes out against any proposal for the whole population to be on the database.

The report says:

  • There is insufficient evidence at present to be able to say what use holding DNA profiles from different people is -- this evidence is urgently needed to support decisions about the scope of the database
  • There needs to be very careful consideration of the equality impact of the database and any proposed changes to it - there are real concerns about the potential for discrimination against certain groups in society, since groups such as young black men are very highly overrepresented.
  • There needs to be a clear and independent appeals procedure for unconvicted people who want their DNA removed.
  • All police officers should have their own DNA collected as a condition of employment
  • The UK needs to make progress in working with the rest of Europe on exchanging DNA information and standardising procedures.

* Nothing to hide, nothing to fear? Balancing individual rights and the public interest in the governance and use of the National DNA Database - available here.

Notes for Editors

  1. The HGC began its work on the national database with a "Citizens Inquiry" in which two groups of volunteers in England and Scotland studied the present system in depth over several months. The findings of this inquiry were published in July 2008, following which the HGC held a public consultation on the main issues raised, which lasted until November 2008.
  2. The National DNA database covering England and Wales is the world's largest per head of population. The Scottish database which is run separately works closely with the English system.
  3. Media enquiries and requests for interviews to Pat Wilson on 07990 550026 or 020 8675 1066

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