Protection of Freedoms Act 2012: DNA and fingerprint provisions was introduced in October 2013 to cover the retention of DNA and fingerprints where it was ruled in the European Court in the case of S and Marper v UK that the blanket retention of DNA profiles taken from innocent people posed a disproportionate interference with the right to private life.

The protection of Freedoms Act strikes a balance between protecting the freedoms of those who are innocent of any offence whilst ensuring that the police continue to have the capability to protect the public and bring criminals to justice. 

A DNA sample is an individual’s biological material, containing all of their genetic information. The act requires all DNA samples to be destroyed within 6 months of being taken. This allows sufficient time for the sample to be analysed. The only exception to this is if the sample is required for use as evidence in court, in which case it may be retained for the duration of the proceedings.

Fingerprints are usually scanned electronically from the individual in custody and the images stored on IDENT1, the national fingerprint database.

For Scotland, the legal acquisition, retention, weeding and use of DNA and Fingerprint data is outlined in Sections 18 to 19C of the Criminal Procedure (Scotland) Act 1995 - https://www.legislation.gov.uk/ukpga/1995/46/part/II/crossheading/prints-and-samples”