Forensic DNA Phenotyping: Legal Challenges in Criminal Investigation and Its Application in Europe.

Abstract

Forensic DNA Phenotyping (FDP) is an advanced technology in forensic science that allows for the prediction of externally visible characteristics of an individual based on genetic profiles obtained from biological samples. Systems such as Parabon Snapshot and the European VISAGE project have demonstrated the effectiveness of FDP in criminal investigations, facilitating the identification of suspects and missing persons. However, its adoption and application raise significant ethical and legal challenges, particularly concerning the right to privacy and the protection of personal data, under the General Data Protection Regulation (GDPR). Specifically, this article examines Article 9 of the GDPR, which regulates the processing of sensitive personal data, including data revealing racial or ethnic origin, and requires enhanced protective measures.

This article assesses how the processing of genetic data through FDP can be compatible with cases of essential public interest, provided that the principles of proportionality and necessity are maintained to safeguard fundamental rights. Furthermore, the article analyzes the Prüm II Regulation, which has recently come into force and enhances police cooperation within the European Union through the automated exchange of DNA profiles and other data, focusing particularly on biometric data. This Regulation raises the possibility of integrating FDP as a key tool to improve the identification of suspects and missing persons in criminal investigations, as well as for managing and exchanging genetic data.