European Court of Human Rights

Published December 8, 2008

S and Marper v United Kingdom (Application Nos 30562/04 and 30566/04)

Before J-P.Costa, President, and Judges C. Rozakis, Sir Nicolas Bratza, P. Lorenzen, F. Tulkens, J. Casadevall, G. Bonello, C. Bîrsan, N. Vajic, A. Kovler, S. Pavlovschi, E. Myjer, D. Jociene, J. Šikuta, M. Villiger, P. Hirvelä and L. Bianku

Deputy Registrar M. O’Boyle

Judgment December 4, 2008

The blanket and indiscriminate nature of the powers of retention of fingerprints, cellular samples and DNA profiles of persons suspected but not convicted of offences failed to strike a fair balance between the competing public and private interests.

Accordingly, the European Court of Human Rights held, unanimously, that as the retention in question constituted a disproportionate interference with the applicants’ right to respect for private life and could not be regarded as necessary in a democratic society, there had been a violation of article 8 of the European Convention on Human Rights.

The applicants, S and Michael Marper, both British nationals, were born in 1989 and 1963 respectively. They lived in Sheffield.

The case concerned the retention by the authorities of their fingerprints, cellular samples and DNA profiles after criminal proceedings against them were terminated.

On January 19, 2001, S was arrested and charged with attempted robbery. He was aged eleven at the time. His fingerprints and DNA samples were taken. He was acquitted on June 14, 2001.

Mr Marper was arrested on March 13, 2001, and charged with harassment of his partner. His fingerprints and DNA samples were taken. On June 14, 2001 the case was formally discontinued as he and his partner had become reconciled.

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