ECtHR – Judgment of 04.12.2008, S. and Marper v. the United Kingdom, 30562/04 and 30566/04 – Article 8 ECHR – Private life – Interference in a democratic society – The limits of processing of biometric data of non convicted persons
Keywords:
ECtHR, ECHR, biometrics, privacy, data protection.Abstract
The European Court of Human Rights (ECtHR) declared in its judgement for the case of S. and Marper v. the United Kingdom of 4 December 2008 that the systematic and indiscriminate retention by public authorities of fingerprints, cellular samples and DNA profiles of individuals who have not been convicted constitutes a violation of Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), as it is an interference which fails to pass the criterion of being necessary in a democratic society. The judgement helps elucidating the rules that should govern the use of biometric data for the prevention of crime, and represents a crucial step for the clarification of the relations between the right to privacy guaranteed by Article 8 ECHR and the general principles of the protection of personal data.Downloads
Published
2009-09-29
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Section
CASE LAW EUROPEAN COURT OF HUMAN RIGHTS
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