A ruling by one of Europe's highest courts that could prevent authorities from stockpiling DNA samples taken from people with no criminal conviction was welcomed by lawyers today.

They hailed the decision by the European Court of Human Rights as a victory for the protection of civil liberties and suggested that it would severely restrict the Government's ability to retain personal information — and even jeopardise plans for a national ID card.

Bertie Leigh, senior partner of Hempsons and a member of The Times Law Panel, said that the current practice of holding DNA samples was reminiscent of a "19th-century view" that there existed a class of people who are more likely to commit crimes.

"It seems quite unjustifiable that because someone was prepared to help police with their inquiries that they should be permanently disadvantaged," Mr Leigh said.

"Plainly the records should either be confined to those who have been convicted or expanded to include everyone."

Jo Rickards, a partner specialising in white-collar crime at Peters & Peters, the City law firm, said that as a result of the ruling the Home Office will have to destroy the DNA and fingerprints in their database taken from people who have been accused of crimes but not convicted.

However, Simon Myerson, QC, another member of The Times Law Panel, said there was a possibility that the Home Office could "rejig" its current practice to continue holding samples and remain within the legal bounds set by the European court.

Mark George, a barrister at Garden Court North Chambers in Manchester, said that the decision was a boost for civil liberties campaigners.

“The accumulation of vast swathes of personal information including a person's DNA when that person is not suspected of a criminal offence is simply unacceptable in a democratic society," he said.

Mr George added that the decision could force the Government to reconsider its plans to introduce a national ID card.

Dan Cooper, a partner at Covington & Burling who led the case on behalf of Michael Marper, one of the men who demanded the removal of his DNA from the database, said: "Future plans by the Government to create wide-ranging DNA databases containing samples and profiles of persons other than those already convicted of a crime appear almost certain to fail following the ruling."

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