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Report No. 271

Annexure I

Relevant Portion from "National DNA Databases 2011"

Country

Entry Criteria

Removal Criteria

Sample Retention

Austria Convicted persons, suspects charged of a serious offences and all crime scene stains. Profiles of convicted persons are retained indefinitely, suspects' profiles are removed upon acquittal, [but only after submitting a written request], and crime scene stains are kept until a case is solved. Convicted persons' samples must be destroyed when individual reaches age eighty, suspects samples are retained despite suspects' acquittal, [a written request for destruction must be submitted]
Belgium Persons convicted of a "serious offence" and crime scene stains when ordered by a prosecutor Convicted persons' profiles are kept for 10 years after their death and crime scene stains are removed when no longer considered useful (order of public prosecution office is necessary) Convicted persons' samples must be destroyed once DNA profile is created, suspects' profiles must be destroyed once the prosecutor has determined that a suspects' request for independent DNA analysis will not be granted or when the result of such request has been communicated to the suspect.
Bulgaria Persons indicted for a premeditated indictable crime As to personal data registered for purposes of national security or crime prevention, it must be erased if there is no more reason for maintain them under the Act or pursuant to and act. In determining whether to delete said personal data including DNA profiles, the Ministry of Interior must consider the age of the individual, need of the information, completion of an ongoing investigation or legal process, whether the individual has been convicted, amnesty status, implications of rehabilitation, or the expiration of a term provided by law. As to personal data registered for crime prevention purposes only, it must be deleted upon written order of the Data Commissioner or upon a written request of the individual in question if it was registered unlawfully, the underlying criminal proceedings have been terminated, the individual in question is acquitted of all charges, the individual in question is except by reason of incapacity, the individual is deceased.
China (Hong Kong) Persons convicted of any "serious arrestable offence" and all crime scene stains. Convicted persons' profiles are kept indefinitely unless their conviction is subsequently quashed on appeal, in which case they are removed from the database. Convicted persons' samples must be destroyed as soon as is practicable from such time as there is no other charge against the person in relation to an offence which renders the retention of the sample necessary and all proceedings (including any appeal) arising out of the conviction have been concluded; suspects samples' must be destroyed as soon as is practicable twelve months after the sample is taken if they are not charged with any offense, or if so charged when all charges are withdrawn, the person is discharged by a court before conviction of the offence or all the offences, or they are acquitted of all charges.
Croatia Any person whose identity is in question in the course of a criminal investigation and all crime scene stains Convicted persons' profiles are kept for twenty years after the completion of the underlying criminal proceeding.
Cyprus All convicted persons, suspects, and crime scene stains Convicted persons' profiles are removed when their record is cleared, suspects' profiles are removed when they are acquitted or otherwise cleared of all charges, and crime scene stains are kept until they are identified. All samples follow fate of DNA profile
Czech Republic All convicted persons and crime scene stains Convicted persons' profiles are kept for eighty years after they are entered and crime scene stains are kept until they are identified All samples follow fate of DNA profile

Denmark Convicted persons, suspects charged of an offence that could lead to a prison sentence of 1 ½ years or more, and all c Convicted persons' and suspects' profiles are kept until two years after their death or upon their reaching age eighty and crime scene stains are retained for the "prescribed term" of the case as determined by the Danish Penalty Act All samples follow fate of DNA profile.
Estonia Persons convicted or arrested for any recordable offence and all crime scene stains. Convicted persons' and suspects' profiles are kept for ten years after their death and crime scene stains are kept for seventy-five years after they are entered. All samples are retained indefinitely.
Finland Convicted persons serving a prison sentence of 3 years or more, suspects charged of a crime that could lead to a prison sentence of 6 months or more, and all crime scene stains Convicted persons' profiles are kept for ten years after the death of the convicted person, suspects' profiles are deleted within one year of a prosecutorial determination that there is no evidence of an offence, charges have been dismissed when their sentence has been nullified, or ten years after the suspects' death if not removed earlier; crime scene stains are kept indefinitely Convicted persons' samples must be destroyed ten years after their death, suspects' samples must be destroyed within one year of a prosecutorial determination that there is no evidence of an offence, charges have been dismissed, when their sentence has been nullified, or ten years after the suspects' death if not removed earlier
France Persons convicted of or charged with a serious offence (list in law) and crime scene stains when deemed relevant Convicted persons' profiles are kept for forty years after conviction upon their eightieth birthday, suspects' profiles are removed by motion of the prosecutor or the individual upon grounds that their storage no longer serves its original purpose, and crime scene stains are deleted forty years after they have been analysed. Convicted persons' samples are retained for forty years after their conviction or until their eightieth birthday; suspects' samples are kept until conviction or acquittal: i.e., procedurally, DNA samples are treated as regular evidence.
Germany Persons convicted of a serious offence or repeatedly committing the same minor offence, suspects charged of a serious offence, and crime scene stains when related to any recordable offence Convicted persons' and suspects' profiles are removed when their retention is no longer necessary and crime scene stains must be deleted after 30 years of their entry. Convicted persons' and suspects' samples must be destroyed when they are no longer considered useful for investigatory purposes.
Hungary Persons convicted of one of the crimes categories which are listed in law, suspects charged with an offence that could lead to a prison sentence of 5 years or more or that is listed in law, and all crime scene stains Convicted persons' profiles are kept until twenty years after conviction, suspects' profiles are retained until the underlying proceeding is abandoned or the individual is acquitted, and crime scene stains are deleted at the time proscribed by law. Convicted persons samples must be destroyed twenty years after their conviction and suspects' samples must be destroyed upon their acquittal or abandonment of the underlying investigation or proceeding
Latvia Convicted or suspected of any recordable offence and all crime scene stains Convicted persons' and suspects' profiles are retained for seventy five years after their entry and crime scene samples are kept until they are identified All samples are kept for seventy five years
Lithuania All convicted persons, suspects, and crime scene stains Convicted persons' and suspects profiles are retained for one hundred years after their entry or ten years after their death and crime scene stains are kept indefinitely All samples must be destroyed once they have been analysed and a DNA profile derived therefrom
Luxembourg Persons convicted of an offence that is listed in law (order of solicitor or examining magistrate is required), persons suspected of any recordable offence (order of solicitor or examining magistrate is required) and crime scene stains only by order of the solicitor, the examining magistrate or a judicial police officer acting by order of one these magistrates are kept for ten years after their death, suspects' profiles are deleted upon their acquittal or ten years after their death, and crime scene stains are retained for thirty years after their entry Convicted persons' samples are destroyed ten years after their death; suspects' samples are destroyed upon acquittal, ten years after their death, or upon the expiration of the a term prescribed by law
Netherlands Persons convicted or suspected of any recordable offence and all crime scene stains Convicted persons' profiles are kept for one hundred years after the individual's date of birth, suspects' profiles are removed upon their acquittal, and crime scene stains are removed when no longer considered useful Convicted persons' samples are retained indefinitely; suspects samples must be destroyed upon their acquittal
Slovakia Persons condemned to punishment other than a fine, all suspects, if warranted by possible prison sentence, and all crime scene stains Convicted persons' profiles are retained for ten years after conviction, suspects' profiles are removed upon their acquittal, and crime scene stains are kept until they are identified, when the underlying case is solved, or after fifteen or thirty years depending on the severity of the underlying offense All samples must be destroyed "as soon as possible" [GET QT FROM LAW]
Sweden Persons serving a prison sentence of 4 years or more, suspects charged of an offence that could lead to a prison sentence of 4 years or more (approval of prosecutor is required), and all crime scene stains Convicted persons' profiles are kept for twenty years after their entry for individuals sentenced to no more than six years, thirty years for individuals sentenced to more than six years, or at most twenty years after the individual's death; suspects' profiles are removed upon acquittal and crime scene stains are deleted after twelve, twenty, or eighty years depending on the severity of the underlying offense Have to be destroyed twenty years after their creation for individuals sentenced to no more than six years, thirty years for individuals sentenced to more than six years, or at most twenty years after the individual's death; suspects' samples must be destroyed upon their acquittal
UK Persons convicted of any recordable offence, arrested for any recordable offense, and all crime scene stains For Scotland: Persons convicted of any recordable offence, arrested for any recordable offense, and all crime scene stains Convicted persons' and suspects' profiles are retained indefinitely and crime scene stains are kept until they have been identified For Scotland: Convicted persons' profiles are retained indefinitely, suspects' profiles are retained until the underlying proceeding is abandon or the individual is acquitted, and crime scene stains are kept until they have been identified All samples are retained indefinitely For Scotland: Convicted persons' samples are retained indefinitely, but suspects' samples must be destroyed upon their acquittal or when no criminal proceedings are initiated
United States 12 states have laws authorizing arrestee sampling. All 50 states require that convicted sex offenders provide a DNA sample; 46 states require that all convicted felons provide a DNA sample. Eleven states specify certain misdemeanour among those who must provide a sample. There are 28 states that include DNA from delinquent juveniles in the database. 38 states contains statutes that detail expungement criteria and procedure. 33 require the offender to initiate the process. The criteria for retention vary from immediate removal, if a sample is not used, to retention of a sample for at least 35 years, to permanent retention for certain specified offences.


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