Retention of fingerprints and DNA data

A new regime governing the retention of fingerprints and DNA data by the police in England and Wales was introduced by the Protection of Freedoms Act 2012. The relevant provisions were brought into force on 31 October 2013. Prior to the commencement of these provisions the police were able to retain fingerprint and DNA data taken from individuals arrested for a recordable offence for an indefinite period, irrespective of whether they were ultimately charged or convicted. Detailed rules are now in place regarding when and for how long the police may retain an individual’s DNA data and fingerprints.

This note sets out the current legal framework in England and Wales and outlines the background to the changes made by the Protection of Freedoms Act 2012.

Individuals requiring legal advice on the retention of their fingerprints or DNA data should consult an appropriately qualified professional.