[Legal regime of preservation of data on identifiers obtained form DNA analysis, in the light of the Decision of the European Tribunal of Human Rights (Large Chamber), of December 4 2008 (S. and Marper vs. United Kingdom)].
The author analyzes the Judgement of the European Court of Human Rights, of 4 December 2008 (case of S. and Marper v. the United Kingdom). It declares that retaining fingerprints and cellular samples and DNA profiles after the criminal proceedings, when the accused has been acquitted, constitutes a violation of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. He also deals with the legal regime on data protection contained in the Spanish Law on police DNA databases of (Organic Law 10/2007, of 8 October), as well as its adaptation to the case law of the ECHR.
Reverón Palenzuela
Benito
B
Universidad de La Laguna, Tenerife, España.
D016494:Computer Security / Q000331:legislation & jurisprudence*; D016172:DNA Fingerprinting / Q000331:legislation & jurisprudence*; D005060:Europe; D006806:Human Rights; D006801:Humans