Getting your child (or adult) removed from the Police National DNA Database

Getting your child's DNA profile removed from the National Police Database is not particularly straightforward.

The legislation says very little about the subject and many Police Chiefs fail to realise that removal is actually at their discretion. It is however possible, but the final decision does rest with your Police Constable.

The COND campaign is specifically concerned about children whose DNA profiles are stored despite the fact the child has never been charged or cautioned with any offence.  However, we don't think that all other children should automatically be removed, instead we're specifically interested in the removal of children who simply could not have ever been involved in the crime for which they were arrested. A classic example of an innocent child in this context might be a minor who was arrested in a case of straightforward mistaken identity.

There is no absolute route to having your child's DNA details removed, but we recommend that you try the following steps:

1. Write to your Police Chief Constable outlining why you believe your child's details should be removed from the National Police DNA Database.  If you live in England, Wales or Northern Ireland then you can find out who your police constable is by checking the Association of Chief Police Officers website at http://www.acpo.police.uk

Remember to enclose documents showing why you believe that your child should be removed and include press cuttings from case such as this one.

2. Enlist the support of your local MP. Your Member of Parliament will be able to help highlight your case by also writing to your Chief Constable. You can find out who your MP is by typing in your postcode (top left) at this website.

You may well find it useful to watch this BBC coverage of how the Welwyn Hatfield Member of Parliament, Grant Shapps, persuaded the police to remove one of his constituent's from the database.

What will happen behind the scenes

COND has recently obtained the guidance provided to police officers by kind permission of Chief Contable, Tony Lake, who has responsbility for advising on data retention policy for the police.

We're grateful to Mr Lake for providing this documentation as it provides a clear indication of the process that your Chief Constable will go through in deciding your case.

This information has never been published anywhere before and it is possible that your own Chief Constable may not be familiar with the details, so you might even need to draw this procedure to his/her attention.

This is the formal guidance now being provided to Chief Constables.

Exceptional Case Procedures for Removal DNA, Fingerprints and PNC Records.

There is an increase in the number of requests being made to Chief Constables for the removal of DNA, fingerprints and PNC. This has been brought about by changes to PACE and a recent decision made in the Royal Courts of Justice by the Information Tribunal affecting the retention of criminal conviction history on PNC.

Whilst acknowledging the responsibility of Chief Officers as Data Controllers, it is important that national consistency is achieved when considering the removal of such records.

Chief Officers have the discretion to authorise the deletion of any specific data entry on the PNC ‘owned’ by them. They are also responsible for the authorisation of the destruction of DNA and fingerprints associated with that specific entry. It is suggested that this discretion should only be exercised in exceptional cases.

It is recognised that support may be required in making decisions regarding exceptional cases. To achieve the consistency required DCC Ian Readhead (Hampshire), ACPO Chairman of Data Protection and Freedom of Information Portfolio Group, has directed that with immediate effect the DNA and Fingerprint Retention Project (DNAFRP) will maintain a library of circumstances that have been viewed as exceptional cases. This will provide a bank of precedents to assist Chief Officers in their decision making process when considering requests to remove records. This will operate in a similar manner to the processes applied to Freedom of Information Act requests. The DNAFRP, governed by ACPO Records & Disclosure Portfolio holder, A/DCC Adrian McAllister (Lancashire), has considerable experience in the relevant areas and will be available to offer advice in relation to requests from data subjects.

Following the recent widespread media coverage relating to the retention of DNA, it is anticipated that during the next twelve months, there will be a high volume of requests.

Data protection officers and others within forces responsible for advising Chief Officers on such matters, may find it useful to seek advice from the team, prior to making recommendations to their Chief Officers to delete a record deemed to be exceptional.

Under the authority of A/DCC McAllister and DCC Readhead, the Project Team will ensure that those who carry this responsibility are kept updated with relevant policy and legislation as well as other information to assist in the process of advising their Chief Officer.
 
Exceptional cases will by definition be rare. They might include cases where the original arrest or sampling was found to be unlawful. Additionally, where it is established beyond doubt that no offence existed, that might, having regard to all the circumstances, be viewed as an exceptional circumstance.

For example where a dead body is found in a multi-occupancy dwelling and the cause of death is not immediately obvious. All the occupants are arrested on suspicion of murder pending the outcome of a post mortem. All arrested persons are detained at the local police station and samples taken. It later transpires that the deceased person died of natural causes. No offence therefore exists, and all persons are released from custody.

To assist in the process and to ensure a consistent approach is adopted across the whole of England and Wales, the following procedure should be adopted.

Upon receipt of a request for the deletion of a PNC data entry the force concerned should ensure that sufficient detail is obtained to correctly identify the applicant i.e. full name, maiden name where applicable, sex, date of birth, place of birth, address(es), and ethnicity.

When such a request is made, an applicant may request the deletion of his/her PNC record / DNA sample and profile / fingerprints. For the purposes of this document, a request for removal of any one item shall be construed as being a request to remove all items.

A PNC check should then be made to confirm the data entry subject of the request for deletion, and any other relevant entries. It is essential to ensure that DNA and fingerprints are matched to the appropriate Arrest Summons Number on the PNC record. Samples taken on other occasions should not be deleted.

In the first instance applicants should be sent a letter informing them that the samples and associated PNC record are lawfully held and that their request for deletion / destruction is refused, unless the applicant believes the application should be regarded as exceptional. The applicant should be invited to state the grounds upon which they believe their case to be exceptional. A template letter is attached for your assistance. (Letter A)

The Chief Officer is asked to consider any response and either reply to the applicant rejecting the application for the removal of the record(s), or refer the case papers to the DNAFRP, thus ensuring that a consistent approach is adopted nationally. 

The Chief Officer will receive an informed response, based on any relevant precedents held.  Having regard to this information, they can then decide whether to retain or remove the record(s), and respond directly to the applicant with notification of this decision. A template letter is attached for your assistance. (Letter B)

It is not recommended that any proactive exercise is undertaken to determine potentially exceptional cases; however the DNAFRP will be in contact with forces to establish examples of deletions which have already taken place.

Exact process that you'll Police Constable should follow

The downloadable PDF flow chart (map) below outlines the precise process that your Chief Constable should follow after a request by you for DNA to be removed from the database. No other website contains this information and it's so new that it's possible that your Chief Constable may not be aware of the exact procedure to follow. You might therefore want to print out the attached PDF document.

You'll need the free Adobe Acrobat Read on your computer to open the following document.

Click to download the DNA Removal Process Map

The templates of the actual letters you'll most likely receive from your Chief Constable

When you initially make your request to your Chief Constable you'll receive a letter of rejection like this one: Letter A. 

COND is somewhat critical of this letter as it automatically rejects your claim for DNA removal, regardless of the merits of your case. Therefore don't be put off. Instead, provide the information requested in the last paragraph of this letter.

Following further consideration (which is outlined in the italised document published above) you'll receive a further letter which will either tell you that the DNA is to remain on the database or a decision has been made to delete the information. Here are both of these template letters: Letter B.

Good luck!

Grant Shapps MP

Grant's main website is at http://www.shapps.com