Document Type

Journal Article

Publication Details

Michael, K. (2012). The road from S and Marper to the Prum Treaty and the implications on human rights. In S. Hufnagel, C. Harfield & S. Bronitt (Eds.), Cross-Border Law Enforcement : Regional Law Enforcement Cooperation - European, Australian and Asia-Pacific Perspectives (pp. 243-258). London: Routledge.


This chapter investigates the implications of the Sand IVlarper v United Kingdomruling by the European Court of Human Rights (ECtHR), which found that theUK Government's current deoxyribonucleic acid (DNA) retention policy breachedArticle 8 of the European Convention on Human Rights (ECHR) (Council ofEurope 2008). The aim of this chapter is to look beyond the changes that havebeen instigated in Britain, since the landmark decision by the ECtHR was made,and toward the legal and human rights implications of the sharing of DNA dataacross the borders of European Union Member States. Of significance here arethe outcomes of the Prilm Treatyl of 2005, which initially saw seven countries,not including the UK, agree to share DNA data, fingerprint and vehicle registrationdata for the purpose of countering acts of terror and bringing criminals toprosecution. By June 2007, the provisions of Prilm had found their way into thelegislative framework of the European Union at large. This setting is contrastedagainst a backdrop of an increasing number of organisations at the supranationallevel that have been tasked with overseeing the fundamental protection of humanrights, especially in the case of minors, paying attention especially to an individual'sright to privacy and personal data protection. The chapter is divided into fourparts: an overview of the Prilm Treaty, a discussion on the retention of DNA andfingerprint samples in EU Member States, the implications of the Sand jvlarpercase ECtHR ruling in Britain and the wider EU, and the protection of the humanrights of EU citizens.