The European Court of human rights has ruled that the UK's database of DNA profiles violates the human right to privacy, and will need modifications in order to ensure respect for people's personal lives.

The UK has assembled one of the largest databases of DNA in the world, with data and profiles of over 4.4 million people, representing around six per cent of the country's population.

The database includes over a million people who have never been convicted of an offence, according to the charity GeneWatch UK. DNA, or deoxyribonucleic acid, is a genetic code unique to every individual that is present in each cell of the human body. Saliva, blood, semen and sweat are usually used by law enforcement to match against DNA profiles from the database to identify suspects.

The court said that the all encompassing nature of keeping data on individuals did not strike a ''fair balance'' the ''competing public and private interests.'' The ruling was handed down by the 17-judge Grand Chamber of the Strasbourg court.

The ruling has come in lawsuits that were filed in 2004 by two residents of Sheffield in the UK. Their applications for the destruction of their DNA samples, fingerprints and profiles were rejected, after they were cleared of crimes in separate cases.

Lawyers for the both plaintiffs had argued that since they were not convicted, the police should not have retained samples in accordance with the European Convention on Human Rights. Michael Marper was released in a case of harassment. The second plaintiff was referred to as 'S' as he was a minor when arrested, and was acquitted of attempted robbery charges. The European court also awarded €42,000 to the two plaintiffs for expenses in bringing the complaints.

Scotland stores data on convicted people only, with the exception of people suspected of certain sexual or violent offences. However, England, Wales and Northern Ireland allow fingerprinting and the retention of DNA samples indefinitely. They are the only regions within the Council of Europe to do so.

The media quoted home secretary Jacqui Smith's email statement as saying that DNA and fingerprinting was vital to fight crime, and provides police with over 3,500 matches each month. He expressed his disappointment by the European Court of Human Rights' decision, while going on to say that the existing law would stay in place till the judgement is ''carefully considered.''

The UK's DNA database was developed in the wake of a campaign by parents of 18-year old Louise Smith who was murdered near Bristol, England, on Christmas Day 1994.

At the time, police had to destroy 4,500 DNA samples gathered during a mass screening that helped find Louise's murderer. Her parents led a successful campaign to amend the law, and since 2001, the profiles have been part of a database. Moreover, since 2004, police have also been allowed to take a DNA swab from suspects and retain the sample, even though the suspect may be released or acquitted by a court.

In its ruling, the court said that retaining such data, irrespective of the nature or gravity of the offence with which the individual was originally suspected or of the age of the suspected offender, risks ''stigmatising'' people who are entitled to the presumption of innocence. That is because data of innocents was preserved in the same manner as that of convicted people.