European court to consider DNA database

LONDON, Feb. 27 (UPI) -- Two men have asked the European Court of Human Rights to order their DNA and fingerprints removed from the British police database.

Michael Marper and a teenager identified only by the initial S were both arrested in Sheffield in separate incidents. The charges against Marper were dropped, while S was acquitted of attempted burglary.

The two men argue that keeping their DNA on file when they were never convicted of crimes discriminates against them because they are not treated similarly to those lucky enough not to have been charged, the BBC reports.

In England and Wales, police routinely take DNA samples from everyone arrested except when very minor crimes are involved and keep the samples on file whatever the outcome of the case. The resulting database is now one of the largest in the world.

The House of Lords rejected the men's appeal.

"If the men win their case then we would need to reconsider current rules on the collection and retention of DNA and fingerprint samples," a spokeswoman for the Home Office said.