Peruzzo and Martens v. Germany (dec.) - 7841/08 57900/12 - Legal Summary [2013] ECHR 743 (04 June 2013)

The Court found that the domestic law limited DNA retention to persons convicted of serious offences, provided sufficient safeguards against misuse, and subjected retention to regular review, thus striking a fair balance between public and private interests and falling within the State's margin of appreciation. The application was manifestly ill-founded.

Citation: [2013] ECHR 743
Parties: Applicant: Peruzzo; Applicant: Martens; Respondent: Germany
Jurisdiction: European Union
Judgment Date: 04 June 2013
Procedural Posture: Application for Determination of Admissibility Before the European Court of Human Rights / Decision on Admissibility
Outcome: inadmissible (manifestly ill-founded)
Legal Topics: DNA Retention, Right to Respect for Private Life, Data Protection, Criminal Procedure

Human Rights Law Criminal Law DNA Retention Right to Respect for Private Life Data Protection Criminal Procedure

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Parties

Peruzzo

Applicant

Martens

Applicant

Germany

Respondent

Procedural Posture

Application for Determination of Admissibility Before the European Court of Human Rights / Decision on Admissibility

Legal Issues

1 Whether the taking and retention of DNA profiles of convicted criminals for use in possible future criminal proceedings violates Article 8 of the European Convention on Human Rights

Ratio Decidendi

Court Disposition

inadmissible (manifestly ill-founded)