Report No. 271

30. Sharing of DNA profiles with and by foreign Government or Organisation or institution or agencies.

(1) On receipt of a DNA profile from the Government of a foreign State, or an international organisation established by the Governments of foreign States or any institution of such Government or international organisation, the Director of the National DNA Data Bank may compare such DNA profile with the DNA profiles contained in the crime scene index, the offenders' index, the suspects' index, the missing persons' index and the unknown deceased persons' index, to determine whether there is a match between the profiles and he may communicate any of the following information to such Government or organisation or institution, as the case may be, with the prior approval of the Central Government, through any agency authorised by it, namely:-

(a) if there is no match between the profiles ;

(b) if there is a match between the profiles, any information relating to such matching DNA profile;

(c) if, in the opinion of the Director, National DNA Data Bank, the DNA profile is similar to the one contained in the DNA Data Bank, information relating to such similar DNA profile.

(2) After receiving the similar DNA profile under clause (c) of sub-section (1), if foreign Government or organisation or institution referred to in that sub-section informs that the possibility of a match between the similar DNA profile with the DNA profile provided by it has not been excluded, any information in relation to such similar DNA profile may also be furnished in the manner specified in sub-section (1).

(3) The Central Government may in consultation with the Board,-

(a) decide and determine the nature and extent of sharing DNA profiles in respect of criminals, missing persons and unidentified bodies with the Government of a foreign State or an international organisation established by the Governments of States or an institution of any such Government or international organisation, as the case may be;

(b) request or seek similar information from such foreign state, organisation or institutions, and the provisions of sub-sections (1) and (2) of this section shall mutatis mutandis apply to all such cases