DNA Analysis and Criminal Proceedings: The European Institutional Framework

Council Decision 2008/615/JHA requires that Member States of the European Union open and keep national DNA analysis files for the investigation of criminal offences. The purpose of the present article is to discuss whether the European institutional framework with regard to the protection of personal data in the course of DNA analysis is adequate from a human rights perspective; in other words, whether such institutional framework properly delimits state action in accordance with the fundamental principles of lawfulness, necessity and proportionality. [PUBLICATION ABSTRACT]