DNA EVIDENCE:INTERNATIONAL FRAMEWORK Anna Fiodorova Carlos III University of Madrid Bilbao, 14 September, 2012
Figures on the search of DNA profiles (1): This presentation is focused on 2 mechanisms for the exchange of DNA profiles and related data:• Mechanism used within the European Union Under so called Prüm Decision (2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime). Under Prüm Decision every EU Member State can make direct search of DNA profiles in national DNA databases of other EU Member States and in case of match (hit) with the searched profile to get personal data and other information related to that profile.• International Police Organization’s (INTERPOL) DNA database – DNA Gateway. It is centralized DNA database where Interpol’s (I/P) Member States can insert their DNA profiles and search for them.
Figures on the search of DNA profiles (2): At the end of June 2012 under the Prüm Decision: Austria, Bulgaria, Germany, Finland, France, Lithuania, Luxemburg, Latvia, Netherlands, Romania, Slovenia, Slovakia,Spain were operational (exchanging DNA profiles and related data) Portugal and Hungary had been allowedto exchange the DNA profiles and related data under the relevant Council Decision, but didn’t start it.
Figures on the search of DNA profiles (3): I/P DNA database At the end of 2011 61 INTERPOL’s Member States were submitting DNA profiles to I/P DNA database.* * Source: DNA Profiling INTERPOL factsheet 2011http://www.interpol.int/INTERPOL-expertise/Forensics/DNA
Figures on the search of DNA profiles (4): Prüm Decision I/P DNA database * Member States 13 61 Number of DNA profiles >363 000 >117 000 Number of matches (hits) in 2011 20561 51* Source: DNA Profiling INTERPOL factsheet 2011http://www.interpol.int/INTERPOL-expertise/Forensics/DNA
Figures on the search of DNA profiles (5): Q: What those figures mean?Possible answer:• Not all from mentioned 61 INTERPOL’s Member States submit all DNA profiles that they have to I/P DNA database.• Not all INTERPOL’s Member States are used to perform searches in I/P DNA database.
Different reasons could be mentioned:• To submit every DNA profile to I/P DNA database is additional administrative burden to that one of inserting them to national DNA database. Besides additional insertion of DNA profile a country has to follow its processing, including time when it has to be deleted according to the storage rules of that country.• If the legislation of a country establishes that DNA profile or data related to it can be provided to another county only on the basis of a request for mutual assitance usually it does not insert DNA profiles into I/P DNA database.• But there is one more reason that makes the exchange of DNA profiles and related data attractive within the framework of Prüm Decision…….
Trust in data receiving country that the DNA profile and related data will be usedstrictly for the purposed that it was provided, with the respect of human rights and appropriate legal and technical measures will be taken for data protection. Mutual trust Trust in providing country that data provided is accurate, obtained according to the law, using appropriate technical standards.
Basis to built mutual trust:1. Obligatory applying of the same minimum legal rules and technical requirements to national DNA databases and data protection (access to the data, use of the provided data, storage of data).2. Applying of the same minimum standards for DNA collection, analyze and processing.3. Evaluation of accomplishment to those requirements (point 1 and 2) of every EU Member State. Only on the basis of positive results of the evaluation a EU Member State is allowed (by the unanimous EU Council’s Decision) to have an access to DNA databases of other EU Member States and exchange DNA data.