Evaluation of Molecular Genetic Analysis in Criminal Procedure Law in Terms of Protection of Sensitive Personal Data

Abstract

Although the protection of personal data is a requirement and has a great importance, the diversification of both the data within the scope of personal data and the situations that may cause a violation of the law in terms of protection of this data, makes this protection difficult and necessitates the creation of new legal protection mechanisms. Criminal procedure law is the branch of law which most needs personal data. Molecular genetic analysis is regulated by Articles 78 and thereafter of the Turkish Criminal Procedure Code No. 5271 which is focused on sensitive personal data. Although there are debates on whether or not they should be established in our country, DNA data banks in most countries require different evaluations on the protection of sensitive personal data. In our study, molecular genetic analysis in criminal procedure law is examined in terms of the protection of sensitive personal data and examining firstly Turkish criminal procedure law and then significant comparative law examples. In this regard, the legal regulations related to molecular genetic analysis, the protection mechanisms envisaged in these regulations and the situations reflected in practice are presented and the issues discussed in the judicial decisions are also mentioned. The study was completed by presenting certain important points related to the subject and with specific explanations on whether or not a national DNA database should be established in our country.