This is a worryingly Daily Mail-y slant for a BBC article. This is a major victory; keeping the DNA of people not convicted of anything was never legal, the Home Office was
ordered to do this by the European Court of Human Rights. In 2008. The characterization of this by Labour as a "loophole", as well as the unnecessary focus on rape (even though nothing about this specifically addresses rape) is a particularly brazen move that indicates that a) They're playing party politics, and will take shots at absolutely anything if it helps them score points and b) Their attitudes to human rights and privacy have not changed over the past decade.
"It is not clear whether all forces are completely following the order or whether some are trying to hold on to profiles ahead of a later appeal." This is serious. What's not clear about it?
I really do worry about the BBC.