Spain

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Spain set up a DNA database in 2007. According to Interpol, Spain's DNA database contained 48,665 crime scene DNA profiles, 131,411 reference DNA profiles from individuals, plus 1,941 missing persons' DNA profiles in 2011. A DNA database legislation had been adopted at that time.

Resources

Detailed analysis

Criminal Procedure Law[1][2]

Article 326.

When the crime is prosecuted has left traces or elements of their commission, the examining magistrate or in lieu thereof the collected and retained for the trial if possible, proceeding to effect a visual inspection and description of everything that may be linked to the existence and nature of the act.

To this end cars will enter in the description of the crime scene, the site and state who are the objects in it are, the terrain or situation of the rooms and all other details that can be used both for the prosecution and the defense.

When you were to indicate the existence of traces or relics whose biological analysis might help to clarify the facts under investigation, the Coroner shall take or order the judicial police or the coroner to take the necessary measures for the collection, custody and examination of those samples is tested in conditions that ensure their authenticity, without prejudice to Article 282.


Article 363.

Courts ordered the practice of chemical analysis only where they are deemed absolutely essential for the necessary legal research and the proper administration of justice.

Provided that accredited proper circumstances, the Coroner may decide at a reasoned decision, obtaining biological samples from the suspect which are essential to determining their DNA profile. To this end, decide to practice those acts of inspection, survey or body intervention that are appropriate to the principles of proportionality and reasonableness.


Law 15/1999 on Protection of Personal Data[3]

Article 7. Sensitive data.

1. In accordance with the provisions of paragraph 2 of Article 16 of the Constitution, no person shall be compelled to testify about his ideology, religion or belief.

When on these data is appropriate to seek the consent referred to the next section, will warn the person concerned about their right not to lend.

2. Only with the express written consent of the person concerned may be processed personal data revealing the ideology, trade union membership, religion and belief. Exceptions are files maintained by the political parties, unions, churches, denominations or religious communities and associations, foundations and other nonprofit entities whose purpose is political, philosophical, religious or trade-in terms of their associated data or shall, without prejudice to the provision of such data always require the consent of the affected.

3. The personal data referring to racial origin, health and sex life can only be collected, processed and transferred when, for reasons of general interest, so provides a law or expressly consents affected.

4. Are prohibited files created with the sole purpose of storing personal data revealing the ideology, trade union membership, religion, creed, race or ethnic origin, or sexual preference.

5. The personal data relating to the commission of criminal or administrative violations may only be included in files of the competent public administrations in the circumstances envisaged in the respective regulatory standards.

6. Notwithstanding the preceding paragraphs may be processed personal data referred to in paragraphs 2 and 3 of this Article, if such treatment is necessary for the prevention or medical diagnosis, assisting care or treatment or management of health services, if such data processing is performed by a health professional subject to professional secrecy or by another person also subject to an equivalent obligation of secrecy.

They may also be processed data referred to above where processing is necessary to protect the vital interests of another person affected or in the event that the person concerned is physically or legally incapable of giving consent.


Article 22. Files of the Security Forces.

1. Files created by the Security Forces which contain personal data, having been collected for administrative purposes, must be subject to registration, shall be subject to general rules of this Law

2. The collection and processing for law enforcement purposes of personal data by the Security Forces without consent of those affected are limited to those cases and categories of data that are necessary to prevent a real danger to public safety or to the prosecution of criminal offenses and should be stored in specific files established for that purpose, to be categorized according to their degree of reliability.

3. The collection and processing by the Security Forces of the data, as referred to in paragraphs 2 and 3 of Article 7 may be made only in cases where it is absolutely necessary for the purposes of a specific investigation, without prejudice legality of administrative action or the obligation to settle the claims made in his case the interest attributable to the courts.

4. The personal data for law enforcement purposes will be canceled when not needed for the investigation that led to their storage.

To this end, particular the age of the affected and the nature of the stored data, the need to maintain the data until the completion of a particular investigation or proceeding, the final judicial decision, especially the acquittal, pardon, rehabilitation and prescribing responsibility.



  1. E.U. 9445/3/06 at 8.
  2. Criminal Procedures Act, BOE No. 260 of September 17, 1882 (Spain).
  3. Organic Law No. 15/1999 of December 13 on the Protection of Personal Data, BOE No. 289, December 14, 1999 (Spain).