Европейский суд по правам человека
8 апреля 2013 года
Facts:
The applicant, M.K., was suspected of a minor theft. During the investigation, law enforcement authorities took his fingerprints and photographs, which were entered into France’s national police database. After deciding not to prosecute him, the authorities retained his data. Despite the applicant’s repeated formal requests for deletion, domestic prosecutors and courts denied removal of the data without the benefit of a hearing or adversarial proceedings.
Complaint:
The applicant complained under Article 8 that the retention of his fingerprints and photographs, despite his innocence and the absence of proceedings, constituted an unwarranted and disproportionate interference with his right to respect for private life.
Court’s ruling:
The Court held that the retention of the applicant’s biometric data interfered with his private life under Article 8. While there was a legal basis for retention under domestic law, the Court found that keeping such sensitive personal information for a prolonged period - specifically, up to 25 years - without meaningful safeguards violated the necessary proportionality requirement. That is, the state should have considered elements such as the seriousness of the suspected offence, the fact that no conviction occurred, and whether the retention remained necessary over time. The lack of judicial guarantees and the absence of a real possibility to delete the data rendered the procedure a “deceptive guarantee,” failing to protect against arbitrary or excessive retention. As such, the measure breached Article 8.