EIT: Rattijuopon sormenjälkien ja DNA-tunnisteen säilyttäminen ilman määräaikaa rikkoi yksityiselämän suojaa

14.2.2020 | Oikeusuutiset

Markku Fredman

The case Gaughran v. the United Kingdom (application no. 45245/15) concerned a complaint about the indefinite retention of personal data (DNA profile, fingerprints and photograph) of a man who had a spent conviction for driving with excess alcohol in Northern Ireland.

In today’s Chamber judgment in the case the European Court of Human Rights held, unanimously, that there had been:

  • a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights.

The Court underlined that it was not the duration of the retention of data that had been decisive, but the absence of certain safeguards. In the applicant’s case his personal data had been retained indefinitely without consideration of the seriousness of his offence, the need for indefinite retention and without any real possibility of review.

Noting that the technology being used had been shown to be more sophisticated than that considered by the domestic courts in this case, particularly regarding storage and analysis of photographs, the Court considered that the retention of the applicant’s data had failed to strike a fair balance between the competing public and private interests.



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