DNA Collection: A Comparative Analysis of Legal Profiles
DNA Collection: A Comparative Analysis of Legal Profiles

Author(s): Victor Andrei Cărcăle
Subject(s): Criminal Law, EU-Legislation
Published by: Scientia Moralitas Research Institute
Keywords: DNA collection; DNA databases; PrümTreaty; privacy;
Summary/Abstract: This paper aims to differentiate between the legal norms related to genetic data exchange and the technical-scientific norms applied during biological sample collection and analysis. While legal norms are resistant to legislative harmonization, technical-scientific norms are conducive to universalization. The study will survey the sources within the European Union, which are diverse and occasionally disorganized. These sources address the sharing of genetic data during police and judicial cooperation among member states, serving different objectives. The DNA Database allows judicial authorities and police to search and exchange DNA profiles with international databases in accordance with the Prüm Treaty and "Prüm Decisions" (European Union Council Framework Decisions 2008/615/JHA and 2008/616/JHA) to combat terrorism and cross-border crime through international police cooperation.

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