The road from S and Marper to the Prum Treaty and the implications on human rights



Publication Details

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


This chapter investigates the implications of the Sand IVlarper v United Kingdom ruling by the European Court of Human Rights (ECtHR), which found that the UK Government's current deoxyribonucleic acid (DNA) retention policy breached Article 8 of the European Convention on Human Rights (ECHR) (Council of Europe 2008). The aim of this chapter is to look beyond the changes that have been 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 data across the borders of European Union Member States. Of significance here are the outcomes of the Prilm Treatyl of 2005, which initially saw seven countries, not including the UK, agree to share DNA data, fingerprint and vehicle registration data for the purpose of countering acts of terror and bringing criminals to prosecution. By June 2007, the provisions of Prilm had found their way into the legislative framework of the European Union at large. This setting is contrasted against a backdrop of an increasing number of organisations at the supranational level that have been tasked with overseeing the fundamental protection of human rights, especially in the case of minors, paying attention especially to an individual's right to privacy and personal data protection. The chapter is divided into four parts: an overview of the Prilm Treaty, a discussion on the retention of DNA and fingerprint samples in EU Member States, the implications of the Sand jvlarper case ECtHR ruling in Britain and the wider EU, and the protection of the human rights of EU citizens.

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