Published 28 January 2023 at 15.13
Law & Right. Now the EU's debated personal datarules are putting a damper on the police's law enforcement. In a recent ruling, the Court of Justice of the European Union prohibits police authorities throughout the EU from systematically “touching” and collecting fingerprints on criminal suspects.
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The reason is the criminals' “right to their personal data”. However, in the case of particularly serious crimes, biometric data may be collected, according to the court.
According to the judgment of the European Court of Justice, the systematic collection of every suspect's biometric and genetic data for police registration conflicts with the requirement for enhanced protection when processing sensitive personal data , which is contained in the EU Charter and the Data Protection Regulation GDPR.
The court also clarified the conditions for the processing of biometric and genetic data by police authorities, as well as how the right to effective judicial protection and the presumption of innocence must be observed when this data is collected under compulsion.
Finally, the court considered that the national legislation for the systematic collection of these data was not compatible with the provisions of Directive 2016/680, in the case under consideration.
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