Title: Review of the Spanish jurisprudence concerning the taking of DNA samples

Date: 05/31/2007

Subject: The present state of Spanish jurisprudence about the taking and subsequent use of biological samples for judicial inquiry can be summed up in two principles: • the taking of biological samples from the accused person may take place only after his explicit and informed consent. Such consent may only be substituted by an authorization of a judge, with the limit of invasive techniques; • the police may use biological and genetic samples left by the person under investigation, without judicial authorization. The Author recalls some very important Spanish decisions containing explicit reference to art. 8 of the Charter.

Original language: Spanish

Classification: Freedoms - Art. 8 Personal data: fairly processing - Personal data: consent

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Notices: Effectiveness of the Charter
The decisions recalled by the author contain an explicit reference to art. 8 of the Charter.