S and Marper V. UK (2008)
Definition
European Court of Human Rights Grand Chamber judgment holding that indefinite retention of fingerprints, cellular samples, and DNA profiles of unconvicted individuals in England and Wales violated Article 8 ECHR; the leading authority on biometric data retention and a frequently cited precedent in Indian courts.
- Court
- European Court of Human Rights Grand Chamber
- Year
- 2008
- Data types covered
- Fingerprints, cellular samples, and DNA profiles
- UK legal consequence
- Led directly to the Protection of Freedoms Act 2012
Common questions
What did S and Marper v. UK decide about DNA profiles?+
The European Court of Human Rights ruled that keeping DNA profiles indefinitely from people never convicted of crimes violated their privacy rights under Article 8 of the European Convention on Human Rights. This landmark 2008 judgment forced the UK to change its law and led directly to the Protection of Freedoms Act 2012.
Who was affected by this court decision?+
The ruling protected unconvicted individuals in England and Wales whose fingerprints, cellular samples, and DNA profiles were being held by authorities. The court found that retaining biometric data from unconvicted individuals breached Article 8 of the European Convention on Human Rights.
Why do courts in India cite this case?+
S and Marper v. UK is a frequently cited precedent in Indian courts because it established the leading authority on biometric data retention and privacy rights. Indian judges reference it when ruling on cases involving personal data and government retention of biometric information.
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