Nineteenth International Conference on Technology, Knowledge, and Society

Abstract

Most European countries have national DNA databases holding electronic records of DNA from crime scenes, as well as some categories of individuals. They can be a useful tool for prosecuting offenders, acquitting innocent parties, and identifying miscarriages of justice. Despite the technology being error-prone, it is still considered reliable enough and its evidence is normally admissible. In this paper, we focus on a legal framework implemented by Ukraine to regulate a DNA database. The framework was created last year serving, inter alia, the war-time priorities. We seek to articulate aspects, that, given international practice in this area, deserve closer attention and potential improvement. To this end, we outline Ukrainian legislation in this field and its gaps. We then provide a synopsis of jurisprudence developed by ECtHR and CJEU through the lens of the limits established for DNA databases. Namely, we reiterate the imperative of complying with the principles of data minimisation and proportionality. We list the rights of data subjects that in the light of the judgments of CJEU have to be regulated explicitly and unequivocally. Finally, we note that efficient enforcement mechanisms are vital considering the ‘shared’ nature of genetic data, forensic genetic genealogy, and how much is at stake with a DNA database. We illustrate models that might be worth implementing and following.