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Fundamental Rights Protection Trends in Relation To DNA Exchange in European Union

Joaquin Sarrion

DNA databases and the exchange of DNA profiles between European Union (EU) Member States are very important for the identification in criminal research. However, this exchange can only be effective in the fight against crime, if the DNA profile exchange is in compliance with legal and constitutional requirements, and DNA evidence is obtained as reliably as possible. These requirements must be respected in the called three phases of "the forensic use of DNA technology": the collection of a DNA sample, the analysis of the DNA profile in the laboratory, and finally, the processing of the DNA data in a database. In this paper I will focus on the third phase, particularly in the question of the exchange of DNA profiles between EU Member States. The aim of the work is to point out the rends of fundamental rights protection in this matter taking into account EU regulation, and several EU member States regulation as UK, Italian, German and Spanish regulation.

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