How the NDNAD has evolved
When it was created in 1995 the NDNAD originally held only records from convicted criminals or people awaiting trial. Samples were destroyed if the individual was later acquitted.
Over time, however, the laws governing the taking, use and storing of genetic information changed. The database rapidly expanded to include ever greater numbers of innocent people and children – not just the guilty. The NDNAD became less and less a criminal database. Human rights and civil liberties groups began to take notice.
By 2008, the police in England, Wales and Northern Ireland could take samples, without consent, from anyone arrested for all but the most minor offences. All samples and profiles were now kept permanently.
In Scotland the situation was, and still is, very different. Samples are taken in connection with serious crimes and usually destroyed if the individual is innocent.
The European Court of Human Rights’ (pictured above) decision in December 2008 that DNA from innocent people should not be retained led to a re-thinking of the balance between the competing interests of the State and the individual.
The 2010 Crime and Security Act addressed some of the issues, but because of the change of government in May 2011 was never implemented. The more recent Protection of Freedoms Bill, which is currently being debated in parliament, proposes that all of the UK follows the Scottish model for the NDNAD.
Issues of Governance
Who runs the NDNAD and holds it to account?
- The NDNAD Strategy Board makes overall policy decisions about how the database is used and how it is run
- The NDNAD Ethics Group provides independent advice on ethical issues
- The National Policing Improvement Agency (NPIA) oversees the day-to-day running of the database and ensures data quality
- Chief Constables submit samples to the NDNAD and make the final decision as to whether a record is deleted
