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

A biometric (fingerprints and police pictures) and genetic (DNA) data are a special type of personal data. As a rule, collecting, processing and safekeeping of the data shall be subject to the same condition as a sensu stricto personal data (e.g. name, surname). Domestic law should provide additional procedural guarantees to prevent unnecessary and unproportioned interference of the realm of the individual’s privacy. The European Court of Human Rights has created European standard of collecting, processing and safekeeping of a genetic and biometric data, which should be implemented in the national law. Does Polish law comply with the European standard? The next question is what kind of changes in the domestic law, should be taken to provide a standard of protection of the privacy of the individual in accordance with the requirements of the ECtHR.

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