What is claimed by the Home Secretary to be ‘common sense’ standards for use of investigatory powers and retention of DNA profiles have been trailed.
Jacqui Smith outlined ways to strengthen how the Regulation of Investigatory Powers Act (RIPA) is used by public authorities and how and when DNA profiles are retained on the national database in a keynote speech about protecting people while protecting their rights.
Speaking to members of the technology industry at the Intellect trade association the Home Secretary announced a consultation on the use of RIPA that will examine:
* a revision of the Codes of Practice that come under RIPA;
* which public authorities can use RIPA powers; and
* how those powers are authorised, and who authorises their use.
She also announced that there will be a consultation on proposed changes to RIPA powers to bring them in line with tests of safeguards, openness, proportionality and common sense.
In a speech on the rights of privacy in light of changing and expanding technology, the Home Secretary said the Government has to think carefully about how long to retain DNA evidence. She said the Government will bring forward proposals for consultation on retention arrangements for DNA samples in a Forensics White Paper next year including:
* varying the timescale of detaining DNA evidence depending on the seriousness of the offence and possibly the age and risk of the individual;
* re-examining the retention arrangements for DNA samples;
* ensuring police can retrospectively take samples for a longer period after conviction and from those convicted overseas.
In addition
The Home Secretary announced that the Government will take immediate steps to take the DNA of children under 10 – the age of responsibility – off the database.
Home Secretary Jacqui Smith said: "While the vast majority of the investigations that are carried out under RIPA are important – like protecting the public from dodgy traders, trapping fly tippers who dump tonnes of rubbish on an industrial scale across the countryside, or tackling the misery caused by noisy and disruptive neighbours – there are clearly cases where these powers should not be used. I don’t want to see these powers being used to target people for putting their bins out on the wrong day, for dog fouling offences, or to check whether paper boys are carrying sacks that are too heavy."
"The use of DNA in investigations is one of the breakthroughs for modern policing. And it’s an area where I’m proud to say that Britain is leading the world. However, the strengths of the DNA database can only be safeguarded if they enjoy the confidence and trust of the public – and so the changes we will set out in the White Paper will deliver a more proportionate, fair and common sense approach.
"The public is our best defence against crime and terrorism. But I know people will not thank us if the systems we design to protect them are too intrusive. And so I will continue to put safeguards and transparency, a sense of proportion and above all common sense, at the heart of everything we do."
The Home Secretary’s speech can be found at:
