Italian National Forensic DNA Database in an European perspective.

Abstract: Italian law No. 85/2009 ratifies the Prüm Treaty which is an agreement of seven EU Member States regarding cooperation in justice and home affairs and establishing the highest possible standard of cooperation in exchange of information, particularly in combating terrorism, cross-border crime and illegal migration. This law regulates the institution of the Italian National Forensic DNA Database and introduces modification articles of the Code of Penal Procedure relative to the technical assessments that can affect personal freedom involved in biological sampling and collection of DNA profiles. Even though DNA databases are a great value for investigation and society, it may be troublesome to solve the balance between public interest in crime control and individual rights such as personal freedom, dignity and privacy. The purpose is to consider the distinctive features of the genetic data. Particularly, their immutability, predictability on the future health conditions and sharing within the so called “biological group” makes really difficult to find a proper management of the genetic data. The crucial issue to be taken into consideration is the ethical one, which concerns the processing of this sensitive private information. Our interest is to compare the solutions provided by international standards and by sentences, both European and Italian, with articles 12 and 13 of the law No. 85, that regulate security measures and storage of DNA profiles and biological samples. The critical analysis of the Italian regulation testifies that a fair balance between individual rights and social security is extremely hard to fulfill. [Copyright &y& Elsevier]