The other relates to the non-compliance of the national security agencies with their existing data protection obligations under the Data Protection Act 1998 DPA .

The consequence of such plans can be illustrated by the case of Marper v UK dealing with the retention of DNA samples by the police.

In Marper, the UK s highest Court the House of Lords as it then was came to a unanimous decision with a panel of 5 judges that retention of DNA profiles, on individuals who had been arrested but who had been subsequently acquitted, comprised a lawful interference of private life in terms of Article 8 of the ECHR.

Such retention of DNA profiles and related personal data also did not breach Article 8.

It is a subsequent use or disclosure that activates the stored personal data and which creates any interference with private life.

If the ECHR follows previous judgments, it is likely to find such bulk personal dataset retention unacceptable in terms of Article 8.

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