The Rules of Collecting and Safekeeping Time of Biometric and Genetic Data for the Purposes of the Prevention or Prosecution of Criminal Offences? European and National Standard

Abstract

A biometric (fingerprints and police pictures) and genetic (DNA) data are a special type of personal data. Due to the obligation to respect the private life of an entity, state authorities should take the necessary steps to protect that highly sensitive information about an individual. As a rule, collecting, processing and safekeeping of a genetic and biometric data shall be subject to the same condition as a sensu stricto personal data (e.g. name, surname). However, bearing in mind the particularly sensitive character of biometric and genetic data, domestic law should provide additional procedural guarantees to prevent unnecessary and unproportioned interference of the realm of the individual's privacy. Based on the article 8 ECHR the European Court of Human Rights (hereinafter: the ECtHR) has created European standard of collecting, processing and safekeeping of a genetic and biometric data, which should be implemented in the national law of Council of Europe member states. So, there arises a question, whether Polish law complies with the European standard and if not ? what kind of changes in the domestic law, the legislation authority should take to provide a standard of protection of the privacy of the individual in accordance with the requirements of the ECtHR.