Legislation to allow for cross-border DNA exchange and comparison comes into effect

Charlie Flanagan

Justice Minister Charlie Flanagan announced that he has signed the commencement order for the international cooperation provisions in the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014.

He said: “The commencement of the remaining provisions in the 2014 DNA Act represents a very significant development in assisting An Garda Síochána, and indeed police forces in other jurisdictions, in the investigation of crime.

“The coming into operation of these legal provisions will facilitate the exchange of DNA profiles and other identification evidence with other States, greatly enhancing international cooperation, particularly in combating terrorism and cross-border crime.

“This enhanced international system will greatly assist police authorities in closing the net on criminals who travel from one country to another to engage in criminal acts.”

Access to the national DNA database and automated fingerprint information system by other states will be strictly controlled and have regard to data protection requirements in respect of personal data. Searches will be conducted by authorised officers using anonymised DNA profiles or fingerprint data.

In the event that a search reveals a match between the data supplied and data contained on the database being searched, the matter must be pursued within the mutual assistance framework under the Criminal Justice (Mutual Assistance) Act 2008.

Mr Flanagan said he was “conscious of the need to achieve an appropriate balance between the investigation of crime in the public interest and protecting individuals’ personal rights”.

He added: “The mutual assistance arrangements in place in our national legislation ensure that personal data of Irish citizens accessed by other States will have the same level of safeguards as would apply to such data in respect of criminal investigations within this jurisdiction.”

The national DNA Database System, maintained and operated by Forensic Science Ireland, contained 16,361 DNA profiles of suspected offenders and convicted offenders, along with 4,971 crime stain profiles, as of the beginning of November 2018.

There have been 1,825 person-to-stain matches to date, with a crime stain match effective rate of 36.7 per cent.