Forensic databases: implications of the cases of S and Marper

The recent judgment of the European Court of Human Rights in the cases of S and Marper highlights some of the crucial ethical and legal issues relating to privacy, informed consent and discrimination raised by the use of forensic databases. This article explains the judgment and discusses some broader questions, in particular the reliability of fingerprint and DNA evidence and its effectiveness in preventing and detecting crime. The approach of the European judges is strongly rights-based, in contrast to the unsophisticated utilitarianism of the English courts. Their main objection is to the ‘blanket and indiscriminate’ retention of all kinds of forensic bioinformation. Not only does this make it difficult to justify a compulsory population-wide database, but it will also require strict criteria for retention of each kind of bioinformation and adequate safeguards for both convicted and unconvicted individuals.