Thursday, December 04, 2008

Article 8 ECHR comes good again

The verdict is out on the Marper case. The Marper case revolved around Articles 8 & 14 of the ECHR and the European Court of Human Rights was called upon to decide whether the retention of the applicants' DNA material was in breach of the right to respect for private life, and aggravated by the fact that the information was actively used in criminal investigations despite charges having been dropped and being acquitted post arrest.

The European Court of Human Rights has criticised the "...blanket and indiscriminate nature of the power of retention in England and Wales" and found it to be "disproportionate interference with the applicants' right to respect for private life and could not be regarded as necessary in a democratic society.

See BBC News Report

What happens next is going to keep me on the edge of my seat. P Johnston tackles some probable results in the Telegraph.