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Organised crime: Exchange of DNA analysis results
1) OBJECTIVE
To enable the results of DNA analyses carried out by Member States in the course of criminal investigations to be exchanged.
2) UNION MEASURE
Council resolution of 9 June 1997 on the exchange of DNA analysis results.
3) CONTENTS
To enable such results to be exchanged, Member States will have to establish compatible national DNA databases. The exchanged data will concern the non-coding part of the DNA molecule. In setting up computer systems for DNA analysis results, account will be taken of the study carried out by the DNA Working Party of the International Criminal Police Organisation (ICPO-Interpol).
From a technical point of view, the choice of the standard to be used will be determined on the basis of studies. Member States should preferably build up DNA analysis results using the same DNA markers.
From a legal standpoint, it will be for each Member State to decide under what conditions and for what offences DNA analysis results will be stored in its database. Safeguards will be introduced to ensure the physical integrity of DNA-tested individuals and the protection of personal data.
The creation of a network of national databases will be preceded by an in-depth study aimed at guaranteeing the security and protection of personal data. The exchange of information will be restricted to DNA analysis results which, when compared, can indicate whether a person already appears in a file and whether that person can be connected with traces found at the scene of a crime. In the long term, there are plans to set up a European DNA database.
4) deadline for implementation of the legislation in the member states
Not applicable
5) date of entry into force (if different from the above)
Not applicable
6) references
Official Journal C 193, 24.6.97
7) follow-up work
Council Resolution of 25 June 2001 on the exchange of DNA analysis results [Official Journal C 187, 03.07.2001.] This Resolution provides definitions of a number of key terms such as "DNA marker", "DNA analysis result", "European standard set", "ESS (European standard set) marker" and "ESS analysis result".
The results of ESS analyses will be recorded using scientific techniques based on the studies conducted by the European Network of Forensic Science Institutes (ENFSI).
The following are included in annexes to the Resolution:
- A list of DNA markers to be used by the Member States for analyses for legal purposes;
- The form which is to be used to exchange results between Member States.
The provisions laid down in the Resolution shall apply without prejudice to any bilateral agreements on the use of specific DNA markers which may exist between Member States.
8) implementing measures
Last updated: 02.08.2001