AYCAGUER v. FRANCE - 8806/12 (Judgment : Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life) Non-pecuniary ...) French Text [2017] ECHR 587 (22 June 2017)

AYCAGUER v. FRANCE - 8806/12 (Judgment : Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for private life) Non-pecuniary ...) French Text [2017] ECHR 587 (22 June 2017)

The Court found that the French regime for DNA data retention, as applied to the applicant, was disproportionate because it imposed a uniform forty-year retention period without differentiation based on the nature or gravity of the offence and did not provide convicted persons with an effective remedy to request...

Source-derived case information.

Citation
[2017] ECHR 587
Parties
Applicant: Jean-Michel Aycaguer; Respondent: French Government
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment
Outcome
Violation of Article 8 ECHR found; just satisfaction awarded.
Legal Topics
Right to Respect for Private Life, DNA Data Retention, Proportionality of State Interference, Remedies for Violation of Rights
Human Rights Law Criminal Law Data Protection Right to Respect for Private Life DNA Data Retention Proportionality of State Interference Remedies for Violation of Rights

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Parties

Jean-Michel Aycaguer

Applicant

French Government

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment

  1. 1 Whether mandatory DNA sampling and retention for all convicted persons, without differentiation or possibility of erasure, constitutes a disproportionate interference with the right to respect for private life under Article 8 ECHR.

Ratio Decidendi

The Court found that the French regime for DNA data retention, as applied to the applicant, was disproportionate because it imposed a uniform forty-year retention period without differentiation based on the nature or gravity of the offence and did not provide convicted persons with an effective remedy to request erasure. This lack of proportionality and procedural safeguards resulted in a violation of Article 8 ECHR.

Court Disposition

Violation of Article 8 ECHR found; just satisfaction awarded.

Orders

  • The respondent state must pay the applicant 3,000 EUR for non-pecuniary damage.
  • The respondent state must pay the applicant 3,000 EUR for costs and expenses.