Universal forensic DNA databases: acceptable or illegal under the European Court of Human Rights regime?

Abstract

Universal forensic DNA databases are controversial privacy-wise given their omnibus scope of incorporating DNA profile data of the entire population into the system. Following the landmark decision of the European Court of Human Rights on the retention of DNA profiles in S. and Marper v. the United Kingdom, two differing opinions emerged on its application to universal databases: their acceptability and illegality. This paper makes use of the elements of the right to respect for private life (Article 8 ECHR), distilled from the Court's jurisprudence involving collection and retention of DNA profile data, in the form of tests-preliminary interference, legality, legitimate purpose, and proportionality-in assessing the feasibility of establishing population-wide DNA databases in Europe.