DNA Databases: Methodological Approach, Family Searches and DNA Data Protection System in the EU

Abstract

The fight against serious crime, particularly in combating organized crime and terrorism is one of the main challenges currently facing the States, the EU and the International Community. Therefore, in these three areas, National, European and International, Institutions are adopting different legislative measures. In compliance with which some of these Institutions have taken on board technology as a useful tool to achieve greater efficiency in the fight against serious crime, and, particularly, in the use of DNA Databases at a national, EU and International level in order to facilitate the automatic exchange of biometric data between different States. Under this general legislative framework, the question can be raised whether such DNA databases are really an effective tool in combating domestic and cross-border crime. This presentation addresses this question, in particular with regard to the following two issues: firstly, the advisability of a regulation, in the legal systems of the different States, covering “Family Searches” of DNA Databases and, secondly, as to the restricted scope provided by Council Framework Decisions 2008/615 and 2008/977, which are unfortunately limited to “exchanged DNA data” between Member States, that will make the exchange of the DNA profiling and its procedural efficiency all the more difficult. Based on an analysis of both questions, we conclude that the processing of data kept in these DNA Databases is necessary to fight more efficiently against serious crime. However, to achieve maximum procedural efficiency, the processing of such data will have to be carried out with strict protection for fundamental rights, in order to obtain evidence lawfully and reliably.