DNA Profiles and Database: Relevance and Ethical Dilemmas in Criminal Justice

Matić Bošković, Marina (2019) DNA Profiles and Database: Relevance and Ethical Dilemmas in Criminal Justice. In: Kazneno pravo i medicina: tematski zbornik radova međunarodnog značaja, Palić, 29-30. maj 2019. Institut za kriminološka i sociološka istraživanja, Beograd, pp. 337-349. ISBN 978-86-80756-18-9

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Abstract

The application of DNA data in the criminal justice system has become a gold standard for identification of guilty and release of innocent. Initial success and application of DNA in criminal proceedings led to development of DNA database, exchange and share of DNA profiles, and cross-border cooperation that required development of national and international instruments to regulate use of DNA data. However, a number of ethical and human rights concerns were raised on the DNA sample collection, analysis and retention of DNA data. In this article author analysis the EU acquis on use of DNA in forensic purposes, limitation of human rights and mechanisms for prevention of abuses. Special attention is paid to right to privacy and personal data protection. Since EU acquis are binding for EU members states, as well as candidate country, and Serbia has took obligation to harmonize national legislation with EU acquis, the author assesses Serbian Law on DNA registry against EU acquis and case law of European Court of Human Rights.

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