Paul Bernal points us to this post from the Equality and Human Rights Commission about a welcome ruling:
The Equality and Human Rights Commission intervened in a test case in which the High Court has ruled that the police cannot keep photographs of people without criminal records or those not found guilty.
The judges agreed with the Commission’s submission that unless someone has been charged with, or convicted of, a crime it is an unjustifiable breach of their right to a private life for the police to hold on to a photograph of them.
The court did not agree with the Metropolitan Police’s argument that keeping these photographs of those not convicted was necessary for preventing crime and disorder.
Read more on EHRC.
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So a photograph has to be deleted on non-conviction, but not DNA or fingerprints?
They have to deleted DNA and fingerprints, too, based on a 2008 ruling that they seem not have fully complied with. See this article: http://www.thisisstaffordshire.co.uk/Staffordshire-Police-unlawfully-kept-DNA-records/story-16434528-detail/story.html
Why is the EU threatened legal action not so long ago, if they have, as you claim, removed DNA and fingerprints?
I said they were told to remove DNA and fingerprints following a 2008 decision, but that it doesn’t look like everyone’s complied fully with that ruling. What this new ruling does is add photos to the list of what the police cannot retain following non-conviction or no charges.