In its second annual report, published on 9 September 2009, the group says that the current data on ethnicity stored on the National DNA Database is "not fit for purpose".
Its enquiries revealed that information held on ethnicity and skin colour were not uniform throughout the criminal justice system on various databases and there is no standardised taxonomy. In addition, some sections of society are disproportionately represented on the database.
"An example of the difficulty is, for instance, that skin colour may be recorded from a witness to aid police investigations, whereas ethnicity is now regarded as being 'what a person feels that they are' and the two may be differently recorded," says the report.
Consequently, data held on the Police National Computer, the DNA database and by the Office for National Statistics cannot be used for accurate comparison purposes.
Although the situation has arisen for historical reasons, the report says it is unacceptable and needs urgent attention.
The group is also concerned about the inadequate statutory basis of the database, blanket rules regarding retention, the powers of chief constables over ownership of profiles and samples, and the lack of a simple appeals process which is easily accessible to the public.
Whether the Home office draft amendment tabled to the Police and Crime Bill will permit such an appeals system is unclear.
The report recommends improving the statutory base for the database and its operation and for a simpler and independent appeals process established in law.
Home Office minister Alan Campbell said in a parliamentary written answer that he has asked the National Policing Improvement Agency and the National DNA Strategy Board for their comments on the report's recommendations as soon as possible.
The National DNA Database Ethics Group was set up in 2007 to provide ministers with independent ethical advice on the operation and practice of the database.
