The DNA of those arrested (in England and Wales) but not convicted of any crime, will remain on a police database for up to six years, the UK government will announce today.

The policy is a partial climb-down from an earlier Home Office proposal that information on innocent people might in some cases be retained for up to 12 years. But it still clashes with a European Court of Human Rights ruling last year, that holding onto the DNA data of innocent people is in breach of human rights.

The Times says the latest Home Office figures show there are 5,910,172 DNA profiles on the database, which is the largest of its kind in the world.

The proposals, to be announced today, are a re-drafting of plans under the Policing and Crime Bill. The 12-year version of the plan was ditched earlier in October. The Daily Mail had earlier reported leaked emails indicating the six-year compromise. (see also: UK still pushing to keep innocents’ details on DNA database – 29 October, 2009).

“This grudgingly modified policy creates a repeat collision course with the courts and ministers look stubborn rather than effective or fair. Nobody disputes the value of DNA and anyone arrested can have a sample taken and compared to crime scenes. But stockpiling the intimate profiles of millions of innocent people is an unnecessary recipe for error and abuse,” said Shami Chakrabati, director of Liberty (AP).

Chris Grayling, the opposition party’s home secretary, told the BBC that a future Conservative government would adopt a policy closer to Scotland’s system. There, most DNA evidence is deleted if a person is not convicted, though there is still some scope for retaining DNA for three to five years for those not convicted of violent or sexual offences.

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