Notes & Comments (31/05/2007) - Review of the Spanish jurisprudence concerning the taking of DNA samples
Title: Review of the Spanish jurisprudence concerning the taking of DNA samples
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
Notices: Effectiveness of the Charter
The decisions recalled by the author contain an explicit reference to art. 8 of the Charter.