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

Chapter


Abstract


  • 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.

Publication Date


  • 2012

Citation


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

International Standard Book Number (isbn) 13


  • 9780415583749

Ro Metadata Url


  • http://ro.uow.edu.au/lawpapers/726

Book Title


  • Cross-Border Law Enforcement : Regional Law Enforcement Cooperation - European, Australian and Asia-Pacific Perspectives

Start Page


  • 243

End Page


  • 258

Place Of Publication


  • London

Abstract


  • 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.

Publication Date


  • 2012

Citation


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

International Standard Book Number (isbn) 13


  • 9780415583749

Ro Metadata Url


  • http://ro.uow.edu.au/lawpapers/726

Book Title


  • Cross-Border Law Enforcement : Regional Law Enforcement Cooperation - European, Australian and Asia-Pacific Perspectives

Start Page


  • 243

End Page


  • 258

Place Of Publication


  • London