Unit-IV; Professional Sales Representative (PSR).pptx
DNA evidence: International Framework
1. DNA EVIDENCE:
INTERNATIONAL
FRAMEWORK
Anna Fiodorova
Carlos III University of Madrid
Bilbao, 14 September, 2012
2. 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.
3. 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 allowed
to exchange the DNA profiles
and related data
under the relevant Council
Decision, but didn’t start it.
4. 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 2011
http://www.interpol.int/INTERPOL-expertise/Forensics/DNA
5. 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 2011
http://www.interpol.int/INTERPOL-expertise/Forensics/DNA
6. 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.
8. 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…….
9. Trust in data receiving country that the DNA profile and related data will be used
strictly 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.
10. 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.
