Sentencia TEDH

Sentencia del Tribunal Europeo de Derecho Humanos de 4 de diciembre de 2008, en el asunto S. and Marper v. the United Kingdom (asunto núms. 30562/04 y 30566/04): Deber de destruir las muestras de ADN y las huellas digitales tras la finalización de un proceso mediante sentencia absolutoria.

The applicants S. and Michael Marper, were born in 1989 and 1963. They are both British nationals who live in Sheffield (the United Kingdom).
The case concerns the retention by the authorities of the applicants’ fingerprints, cellular samples and DNA profiles after criminal proceedings against them were terminated by an acquittal or were discontinued.
On 19 January 2001 S. was arrested and charged with attempted robbery. His fingerprints and DNA samples were taken. He was acquitted on 14 June 2001. Mr Marper was arrested on 13 March 2001, charged with harassing his partner. His fingerprints and DNA samples were also taken. The charges were dropped following reconciliation with his partner and the case against him was discontinued on 14 June 2001.
Both applicants unsuccessfully requested that their fingerprints, DNA samples and profiles be destroyed.
The applicants complain about the retention of their fingerprints, DNA samples and profiles after an acquittal or discontinuance of criminal proceedings. They are concerned in particular about possible current and future uses of those data. They further contend that the retention casts suspicion on people who have been acquitted or discharged of crimes and that they should be treated in the same way as the rest of the unconvicted population. They rely on Articles 8 (right to respect for private life) and 14 (prohibition of discrimination) of the European Convention on Human Rights.

The Law:

"125. In conclusion, the Court finds 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 offences, as applied in the case of the present applicants, 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 applicants' right to respect for private life and cannot be regarded as necessary in a democratic society. This conclusion obviates the need for the Court to consider the applicants' criticism regarding the adequacy of certain particular safeguards, such as too broad an access to the personal data concerned and insufficient protection against the misuse or abuse of such data.
126. Accordingly, there has been a violation of Article 8 of the Convention in the present case.
[...]
129. The Court refers to its conclusion above that the retention of the applicants' fingerprints, cellular samples and DNA profiles was in violation of Article 8 of the Convention. In the light of the reasoning that has led to this conclusion, the Court considers that it is not necessary to examine separately the applicants' complaint under Article 14 of the Convention."