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Short communication| Volume 57, 102660, March 2022

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Ethical challenges of merging criminal identification and civil identification within the Prüm system

Published:January 04, 2022DOI:https://doi.org/10.1016/j.fsigen.2022.102660

      Highlights

      • The Prüm System transnational exchange of DNA data involves 25 EU Member- States.
      • More than 13 million DNA profiles can potentially be exchanged.
      • Genetic profiles from unidentified bodies related to civil identification are being exchanged within the Prüm system.
      • Future plans include exchange of facial recognition data.
      • Ethical debate is urgent.

      Abstract

      The so-called Prüm system made mandatory for all EU Member States to join the pan-European network for the exchange of fingerprints, DNA profiles and motor vehicle information for stepping up on cross-border cooperation, particularly in combating terrorism and cross-border crime. Taking into consideration the number of DNA profiles archived in the national databases of the operational countries, more than 13 million DNA profiles can potentially be exchanged. Plans for “next-generation Prüm” that may soon be introduced aim to exchange additional forensic modalities, namely facial recognition data (FRD). This commentary highlights the ethical and social problems of merging DNA profiles of convicted persons, suspects and crime stains (targeting criminal identification) with DNA profiles from missing persons, relatives of missing persons, unidentified persons and unidentified human remains (oriented to civil identification). In a complementary manner, we also discuss the problematic amendments of the so-called “next-generation Prüm” that may soon be introduced that includes plans to exchange additional forensic modalities, namely facial recognition data (FRD).

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      References

      1. EU Council, 2008. Council Decision 2008/615/JHA of 23 June 2008 on the Stepping up of Cross-Border Cooperation, Particularly in Combating Terrorism and Cross-Border Crime, Off. J. Eur. Union. Brussels.

      2. EU Council, 2008. Council Decision 2008/616/JHA of 23 June 2008 on the Implementation of Decision 2008/615/JHA on the Stepping up of Cross-Border Cooperation, Particularly in Combating Terrorism and Cross-Border Crime. Off. J. Eur. Union. Brussels.

      3. EU Council, 2021. Implementation of the Provisions on Information Exchange of the “Prüm Decisions”. Brussels.

      4. ENFSI, 2017. DNA Database Management. Review and Recommendations. Available at: 〈https://enfsi.eu/wp-content/uploads/2017/09/DNA-databasemanagement-review-and-recommendatations-april-2017.pdf〉.

        • Noorden Richard Van
        The ethical questions that haunt facial- recognition research.
        Nature. 2020; 587: 354-358
      5. Kristiina Reed, Denise Syndercombe-Court, 2016. A Comparative Audit of Legislative Frameworks within the European Union for the Collection, Retention and Use of Forensic DNA Profiles. London.

        • Toom Victor
        • Granja Rafaela
        • Ludwig Anika
        The Prüm decisions as an aspirational regime: reviewing a decade of cross-border exchange and comparison of forensic DNA data.
        Forensic Sci. Int.: Genet. 2019; 41: 50-57https://doi.org/10.1016/j.fsigen.2019.03.023