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The European Court of Justice restricts the police's right to take DNA from criminals

 
 
 
 
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dna on the table

Now the EU’s debated personal data rules are putting a damper on the police’s law enforcement. In a recent ruling, the Court of Justice of the European Union prohibits police authorities throughout the EU from systematically “snooping” and collecting fingerprints on criminal suspects.

The reason is the criminals’ “right to their personal data”. However, in the case of particularly serious crimes, biometric data may be collected, according to the court.

According to the judgment of the European Court of Justice, the systematic collection of every suspect’s biometric and genetic data for police registration contradicts the requirement for enhanced protection in the processing of sensitive personal data, which is found in the EU Charter and the GDPR.

The court also clarified the conditions for the police authorities’ processing of biometric and genetic data, as well as how the right to effective judicial protection and the presumption of innocence must be observed when this data is collected under compulsion.

Finally, the court considered that the national legislation for the systematic collection of these data was not compatible with the provisions of Directive 2016/680, in the case under consideration.

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One Response to " The European Court of Justice restricts the police's right to take DNA from criminals "

  1. If the EU was really about taking care of its people, this wouldn’t be their policy.

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