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Re: New DNA policy still defies EU law
Posted by Anonymous (91.108.xx.xx) on Fri 13 Nov 2009 at 07:56
On the question of UK courts not regarding Article 8 as relevant to data retention, the decision in S and Marper is directly applicable as a precedent at least in DNA cases. British courts would be bound to follow it if the new policy were challenged - which, if it ever comes in, in surely would be. However, since the Conservatives are committed to substituting the (ECHR compliant) Scottish model, it's unlikely to arise in practice. Assuming (as I tend to) that they will form the next government.

(Heresiarch)

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