On 5 December 2012 the Crossbench peer Lord Scott of Foscote put forward a motion to regret the Police and Criminal Evidence Act 1984 (Armed Forces) (Amendment) Order 2012.
The 2012 order extends the time limit, from three years to four years, during which fingerprints, footwear impression or samples can be held on file of those armed service personnel who are investigated but not convicted of an offence.
Lord Scott argued that the recent order fails to comply with the judgment given on 4 December 2008 in S and Marper versus the United Kingdom.
The European Court of Human Rights found that the retention of the Mr S and Mr Marper's fingerprints, cellular samples and DNA profiles after they were acquitted and not charged respectively, was in violation of Article 8 of the European Convention on Human Rights.
Lord Scott said that Home Secretary Theresa May's "failure to exercise powers" under the Protection of Freedoms Act 2012 could lead to breaches of human rights under Article 8 - the right to respect for private and family life.