view of people's legs walking in street

DNA Database and Me

How can I find out whether I am on the National DNA Database (NDNAD)?

Data Protection Act 1998 Subject Access to the National DNA Database

Under the Police and Criminal Evidence Act 1984 (as amended), the police have the power to take a DNA sample from anyone arrested for a recordable offence, and to load a DNA profile derived from the sample onto the NDNAD. Currently, the profile can be retained on the NDNAD including in circumstances where the person is not convicted of the offence for which they were arrested.

The Data Protection Act 1998 gives persons who are the subject of personal data ('data subjects') a general right of access to personal data which relates to them. This is known as Subject Access. It therefore gives a general right to individuals to find out what data is held about them on the National DNA Database, including a copy of their DNA profile as a series of digits and letters.

If you wish to find out if your DNA profile is held on the NDNAD, you will need to make a Subject Access request to the Police Force which took your DNA sample. Some Police Force websites have information on how to make a Subject Access request, how to submit the request and give contact point for any enquiries. 

On receipt of a Subject Access request, the Police Force will first check your identity and then contact the National DNA Database Manager to confirm whether your profile is on the database. If a DNA profile is held on the NDNAD, the National DNA Database Delivery Unit will provide a copy of the data held, including the DNA profile, to the force for forwarding on to the requester.

All applications for Subject Access from the National DNA Database must be made to the Police Force which took your DNA sample.  The force will reply to you with the result of the NDNAD search.  This may take up to 40 days from the date your application is received by the relevant Police Force.

New legislation currently going through Parliament aims to change the provisions on retention of DNA profiles on the NDNAD. Under the new proposals, set out in the Crime and Security Bill, DNA profiles of adult persons arrested but not convicted of an offence would be deleted from the database after 6 years. The new provisions also aim to simplify the process of removing DNA profiles in circumstances where it appears that that the arrest was unlawful or the taking of the DNA sample concerned was unlawful or other circumstances relating to the arrest or the alleged offence means that it is appropriate to destroy the material. Further details and progress of the Crime and Security Bill can be found on the Parliament website at: http://services.parliament.uk/bills/2009-10/crimeandsecurity.html 

Links to the websites of the UK Police Forces can be found on http://www.police.uk/forces.htm 

Below are links to the specific subject access request pages

 

Back to Top
If I am on the NDNAD is it possible to get my profile removed?

Exceptional Case Procedure for Removal of DNA, Fingerprints and PNC Records:

Records held on the database are owned by the force where the offence was committed and only a Chief Officer as 'Data Controller' for that force can authorise removal. Applications are considered against set criteria which provide that records should only be removed where one of the following has been established:

A recordable offence no longer exists or any part of the process from arrest through to detention was found to be unlawful.

Therefore persons wishing to apply must write to the force concerned detailing why they believe their request to be exceptional.

It is important to note that under current legislation and guidelines it is immaterial where a person is eliminated from any involvement, or acquitted at court. Providing a recordable offence occurred and the whole process was correctly conducted records may be retained. The final decision always rests with a Chief Officer for the owning force, who has ultimate authority to exercise his discretion on removal or retention.

 

Back to Top
How does it affect me if my DNA profile is stored on the NDNAD?

Elimination

The effect of being on the NDNAD is that you are conclusively eliminated as the donor of the DNA in any case at which DNA evidence has been found.

Last year (2008) approximately 5 million people on the NDNAD were searched against 49,572 new crime scene profiles loaded onto the NDNAD.

The bulk of work conducted by the NDNAD and the vast majority of the computing power of the NDNAD is used to eliminate people from police enquiries.  Approximately 250 billion eliminations of individuals are made by the NDNAD against crime scene profiles each year.

Every second, the NDNAD eliminates approximately 8,000 people as suspects to crimes.

The recent Walthamstow Case featured in Times Online  is an example of such elimination:

DNA from the murder scene was linked to two other attacks in the area by the NDNAD but no match was made.  The following people were conclusively eliminated as a suspect in this case:

  • Everybody living in London whose DNA profile is held on the NDNAD;
  • Everyone ever arrested/charged or convicted of any sexual offence where their DNA has been taken and loaded to NDNAD;
  • Everybody else whose DNA profile is held on the NDNAD.

Familial Searches

Although the NDNAD conclusively eliminates people from police enquiries, in cases where an unknown DNA profile has been obtained from a very serious crime scene such as murder or rape, a familial search may be ordered.

A familial search will look to find a relative of someone on the database who may have left the DNA found at the scene.

Back to Top