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UK Police Promise Not To Retain DNA Data, But Do Anyway

redalien writes "In 2008 I invited two policemen into my home and voluntarily gave them a DNA and fingerprint sample to help with a murder investigation, as they'd promised it would only be used for that investigation. I was never under any suspicion and could just as easily have said no. Almost a year after the investigation closed they have now confirmed that they've retained my samples and at my request have begun an investigation to see if there are sufficient 'exceptional circumstances' to remove them. I'm not the only one who was told samples would be removed, so if you've had such a promise from the police I recommend contacting their data protection registrar immediately."

24 of 372 comments (clear)

  1. Not the first by GigaplexNZ · · Score: 5, Insightful

    This isn't the first time the police have lied.

    1. Re:Not the first by ls671 · · Score: 4, Insightful

      He could have spotted the lie just as soon as they promised him the samples would be removed. Almost everybody on /. knows that it is almost impossible to delete data from fail-over sites, backups, archived data, etc. in a way that one can guarantee that all traces of the data has really been destroyed everywhere...

      --
      Everything I write is lies, read between the lines.
    2. Re:Not the first by Cassini2 · · Score: 5, Insightful

      Police are allowed to participate in a ruse to gain the trust of a suspect.

      Make no mistake. You were a suspect in a murder case, until cleared. In a police investigation, everyone is a potential suspect. As such, be careful what you volunteer, because until proven otherwise, you are a suspect and can be lied to.

    3. Re:Not the first by digitig · · Score: 3, Insightful

      On the bright side there is an increasing consensus that DNA evidence is a lot less useful than CSI: would have us believe.

      No, that isn't the bright side, and you misunderstand the meaning of "useful" as far as DNA databasing is concerned. As long as the jury believes all that CSI stuff, DNA evidence is just as useful as everyone thinks for getting a conviction, getting the case closed, and making the police's detection statistics look good. The DNA evidence might not be so useful for getting the right person convicted, but that doesn't appear in anybody's performance indicators so that doesn't matter to anybody. Except to the poor sucker put away for a crime they didn't commit, but they're a convict now and nobody cares what they think.

      --
      Quidnam Latine loqui modo coepi?
    4. Re:Not the first by evilbessie · · Score: 3, Insightful

      In other news the pope continues to shit in the woods and bears are catholic.

    5. Re:Not the first by ThatsNotPudding · · Score: 4, Insightful

      No prosecutor worth their aspiration for higher political office will ever acknowledge any of this. They (and law enforcement in general) need a body count, and a body count they shall have.

    6. Re:Not the first by optimus2861 · · Score: 3, Insightful

      Studies have been done on small sections of some DNA databases, comparing every profile with every other profile, and found this to simply be false. In Arizona 65 493 profiles were made available - 122 pairs matched at nine loci, 20 at ten, 1 at eleven and 1 more at twelve. In Illinois 220 000 were checked, and 903 pairs matched at nine or more loci, and in Maryland 30 000 were checked, providing 32 matching pairs.

      Add to this the problem that eyelashes, skin fragments etc can be carried on the wind, or from a random frottage, and we have some important cases being 'solved' with what amounts to deeply circumstantial evidence. With any luck this fascination with DNA being used as the be all and end all, the assayer of truth, will end as soon as possible.

      You say all this as if the police walk into a crime scene having absolutely no clue who the perpetrator could possibly be, taking some DNA samples, running it through the computer, then arresting the resultant match and passing it on to the courts. In reality the list of suspects is going to be considerably narrowed by old-fashioned police work: finding witnesses, finding out the victim's history, looking for motive, etc.

      In other words, fat lot of good it's going to do you to claim, "But there's a 0.1% chance that DNA isn't mine!" when you've been spotted leaving the crime scene by a witness, were seen having an argument with the victim a couple days prior, he owed you money, etc. Not to mention that if you go to find those other, say, 30 DNA matches, you find out that 21 of them live hundreds of miles away, 3 of them are in nursing homes, 1 is a kid, 2 are already in prison and have been for years...

  2. You believed them when the promised? by nedlohs · · Score: 5, Insightful

    Seriously?

    1. Re:You believed them when the promised? by internewt · · Score: 5, Insightful

      Seriously?

      That was exactly the kind of thing I thought!

      Unfortunately the police, with the help of politicians, have thrown away any respect I may have once had for them. If the police came to my house, doing door to door enquiries, then I would not talk to them at all, and I most definitely would not invite them into my home.

      The police have become servants of themselves, through the target systems that exist to gauge their performance. They do not respect the communities they police any more, and I think most police would actually laugh at you if you told them they are pubic servants.

      ACAB.

      At this point, if you are nasty fucking pig or a pig apologist, you set the box below to troll, overrated, offtopic, flamebait, or redundant.

      --
      Car analogies break down.
    2. Re:You believed them when the promised? by shutdown+-p+now · · Score: 3, Insightful

      He may have been naive when he did that, but if UK police force is not up to his expectations with that regard, the blame is still with the police, and that's where things should be fixed.

      If you don't trust policemen in your country, same logic applies. Why do you give guns (and the discretion to use lethal force) to people who aren't trusted with much more mundane things?

  3. Hairdressers by rtb61 · · Score: 4, Insightful

    I would think you would have more to fear from your barber and a possible black market in DNA traces, for investigative misdirection. Who else might become suspect, doctors, are hospitals removing all samples or are they being put on file as well. Even public transport might be considered an unsafe DNA dispersal risk location.

    --
    Chaos - everything, everywhere, everywhen
    1. Re:Hairdressers by Pinky's+Brain · · Score: 5, Insightful

      If you're not in the database then you won't need to fear a planted sample either. Not being in the database reduces your risk both from false positive and from planted sample ... being in the database is a pure lose/lose situation.

  4. Condition for Non-Retention by kandela · · Score: 4, Insightful

    Data should not be retained if the condition of obtaining it was that it would not be retained. Anything else is immoral, and should be illegal.

    --
    Conservation of angular momentum makes the world go round.
  5. Re:NEVER talk to the police. by Skreems · · Score: 3, Insightful

    Tell it to them WHEN? If you can't wait long enough to have a lawyer present without giving up your right to mount a full legal defense, then the UK system is even more broken than the US one.

    --
    Slashdot needs a "-1, Wrong" moderation option.
    The Urban Hippie
  6. govts in disintegration; remember the Duke case by harvey+the+nerd · · Score: 4, Insightful

    The local district attorney on the Duke rape sat on clear, exonerating DNA evidence that the psycho stripper erred or lied. They had 6 or 7 DNA samples from her (and underwear) that failed to match any DNA of the falsely charged Duke kids. Ooops, wrong team!

    So why bother with the free DNA?

    Of course, the police and DA everywhere else will cluck their tongues and say this never could happen at their place. Today, only a fool considers government and corporate reps as anything but potentially dangerous adversaries, and their promises as anything more valuable than glib promises printed on second hand toilet paper.

  7. Animal House by Weaselmancer · · Score: 3, Insightful

    A line from National Lampoon's Animal House came to my mind first thing:

    "You can't spend your whole life worrying about your mistakes! You fucked up... you trusted us!"

    I mean really - how could this guy possibly have expected them do drop something as useful* as a DNA fingerprint?

    * useful in this context means "everyone is a suspect which makes my job easier as a cop"

    --
    Weaselmancer
    rediculous.
  8. Re:WAIVE NOTHING..EVER..EVER!! by jamesh · · Score: 4, Insightful

    If you talk to the police without consul, during an investigation you have waived your rights and demonstrated to the police that you are an idiot, not honest or friendly.

    Bullshit. You just make it harder for them to do their job. Sure there are cops who are crooks, or just jerks, but if you presume that they all are then you are no better than your make-believe stereotypical policeman. Have a think about which dark corner of society would benefit if everyone starts being hostile towards the police.

    We had a policeman knock on our door a while back. There was a grassfire a few km down the road and a car vaguely fitting the description of our car parked in our driveway was seen leaving the scene. By the time he knocked on our door I assumed he had already put his hand on the bonnet etc to see if had been driven recently, and he even told us that our car didn't really match the description after all. We chatted for a while and he left. If i'd had behaved like a prick like you suggest what would it have gained me?

    I can only begin to guess at what a horrible job it must be most of the time. You'd see the worst of people every day. You'd have to knock on doors at 3am and tell parents that they have one less living child. Every time you pull someone over you know that there is a slim chance that someone's going to pull a shotgun on you. And if you make it hard for them to do their job then the only people left doing the job are the ones who don't take your sort of shit lightly.

    Hopefully if you ever need the assistance of the police, you won't run into one that you've pissed off along the way.

  9. Re:WAIVE NOTHING..EVER..EVER!! by 0123456 · · Score: 5, Insightful

    Bullshit. You just make it harder for them to do their job.

    The only time the police have an easy job is in a police state.

    If you're not a criminal, victim or witness then you have no reason to talk to the police about a crime, and if you are a criminal then you have no reason to talk to the police without a lawyer. So there are very, very few cases where talking to the police is actually beneficial, and many where it's going to get you in a world of hurt... even police themselves will admit that.

    Remember, these are the people who recently shot an innocent guy in the head eight times for 'suspicion of looking a bit muslim' and walked away with no consequences. Britain is rapidly approaching a police state if it isn't already there, which is precisely why I left a couple of years ago.

  10. Don't give a Sample by missileman · · Score: 5, Insightful

    How the hell could it "help with a murder investigation" to provide them with a sample of your DNA?

    Presuming you are innocent, you are simply opening yourself up to a false positive match, either now or in sometime in the future.

    You have everything to lose, and nothing whatsoever to gain.

    In the case of a degraded DNA sample, it's possible to have the statical odds of you being a match for a sample in the range of 100,000 to 1. That doesn't seem so bad unless you consider that there might be 1,000,000 records on file. Statistically that's 10 database hits, and if you are the lucky one cold hit, combined with the apparent belief that juries find scientific evidence infallible, you could easily be convicted. It *has* happened before that the only evidence that links a suspect to a crime is a cold database hit.

    Just don't give them a sample without a court order, ever.

     

    1. Re:Don't give a Sample by Stray7Xi · · Score: 3, Insightful

      How the hell could it "help with a murder investigation" to provide them with a sample of your DNA?

      If it happened in your home and your DNA is contaminating the crime scene. They have multiple samples of DNA and would like to eliminate some. I wouldn't want to trust the police with my DNA either, but if my wife was murdered in our bed (while I had an airtight alibi), it'd be a hard problem but I'd want a lawyer first.

  11. British police by dugeen · · Score: 4, Insightful

    One good thing about the New Labour gleichshaltung is that British people have largely lost the trust in the police that they used to have. The way the police have behaved over DNA, and over the Stockwell killing, and the way they've treated anti-war demonstrators, have all had their effect. As Joe Orton pointed out, it's a far healthier society when people have a proper wariness of the police.

  12. Of course you were under suspicion! by Jah-Wren+Ryel · · Score: 3, Insightful

    In 2008 I invited two policemen into my home and voluntarily gave them a DNA and fingerprint sample to help with a murder investigation, as they'd promised it would only be used for that investigation. I was never under any suspicion...

    Of course you were under suspicion - they just didn't have enough evidence to get a warrant to force you to give up your DNA so they bamboozled you into doing it voluntarily. Of course they kept it on file, they were suspicous enough of you to request a DNA sample thus you are under permanent suspicion for the rest of your life and probably a ways beyond.

    What you did was the equivalent of getting pulled over by a cop and when he looks in your car window and doesn't see anything to justify a search , instead of letting you go on your way, he asks you if he can go ahead and search your car anyway and you said yes.

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    When information is power, privacy is freedom.
  13. Don't Talk To The Police by rhook · · Score: 5, Insightful

    Seriously, nothing good ever comes from talking to the police or giving them anything that they don't have a warrant or court order for. Police are also allowed to lie, however if you lie to them you're guilty of a crime.

  14. It doesn't matter for a different reason by Anonymous Coward · · Score: 4, Insightful

    It doesn't matter for a different reason: if the majority are decent and honest, why do they close ranks and defend the corrupt minority? They're not being part of the solution, they're part of the problem.