Legal regulations of national registers of human biological data

Abstract

The article is devoted to issues related to the formation of information databases used to identify individuals and identify those involved in crimes. Fingerprint and DNA identification are increasingly used both at the national level and within the framework of international cooperation in criminal proceedings. The United Nations has called for new scientific approaches to be used in criminal investigations. However, the creation of national registers (collection, accumulation, storage, transfer to other states on request) requires adequate legal support, which allows to strike a balance between ensuring the security of society and the state from criminal encroachment and human rights standards. In Ukraine, there is currently no proper legal regulation of the functioning of national fingerprint registers, genetic profiles, etc. In Ukraine, there is currently no proper legal regulation of the functioning of national fingerprint registers, genetic profiles, etc. In accordance with international standards and proper cooperation in the fight against transnational crime, in particular, the following databases should be created. The registered draft Law of Ukraine “On State Registration of Human Genomic Information” needs to be analyzed in detail, taking into account the experience of other states and the practice of the European Court of Human Rights. Ukraine has a number of databases that are regulated differently. Fingerprints are digitized in the case of obtaining a passport of a citizen of Ukraine for travel abroad, and if desired, for a domestic passport, which is regulated by law. At the same time, there is a database of fingerprints, the procedure for its creation and use is regulated by an order of the Ministry of Internal Affairs, which directly contradicts the position of the ECtHR (this should be a law or government document); the grounds for the selection of traces must be clearly defined (the current order stipulates that the Ministry of Internal Affairs may expand the list of crimes by its decision); it is necessary to provide a method of independent verification of the grounds for storage of biological traces, which is not currently provided in Ukraine. The concept of biological traces must be defined in accordance with the position of the ECtHR, according to which DNA, fingerprints and voice are as follows. It is expedient to adopt a law regulating the creation of the National Database of Human Biological Traces and not to leave the fingerprint database out of the legal field.