Problematika zpracovávání DNA pro forenzní účely z pohledu ochrany osobních údajů

Abstract

The article deals with the topical issue of the current information age, related to the legal protection of genetic data as a special category of personal data. This article presents an analysis of the current legal regulation of DNA processing for forensic purposes in the context of the legal protection of genetic data. The processing of DNA profiles for forensic purposes is an issue to which the Office for Personal Data Protection has paid considerable attention, especially with regard to the constant topicality and sensitivity of this topic. Therefore, the article also focuses on the Office’s decision-making practice in matters of processing DNA profiles for forensic purposes in the light of the case law of administrative courts. The author considered both some particular consequences of the impact of current legal regulation as well as the subjective perception of these impacts. The aim of the article is to contribute to raising the awareness about the risks of the processing of DNA profiles for forensic purposes based on the current legal regulation and to contribute to explaining the importance of applying the principle of proportionality as one of the key principles of personal data protection in the processing of genetic data. Based on the analysis, the article concludes that in the case of DNA processing for forensic purposes by the Czech Police, it is therefore necessary to balance the interest of the police and the general public in clarifying crime with the right to privacy, especially personal data protection, according to which the interference with personal rights must always be in proportion to the seriousness of the committed crime or criminal accusation.