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Functioning and use of DNA Databases in Poland. Central Forensic Laboratory of the Police Functioning and use of DNA Databases in Poland. Central Forensic Laboratory of the Police

DNA Database According to the Law on the Protection of Personal Data. The base DNA Database According to the Law on the Protection of Personal Data. The base has been registered with the Inspector General • The file name: DNA Database • Application No. 000514/2007 • Register No. 071715 • Date of approval of the application 23. 04. 2007 Registration application with data on databases is available on the website of the Inspector General for Personal Data Protection in the tab e-GIODO /http: //egiodo. gov. pl/ 19. 03. 2018

Legal basis 1. Act of 29 August 1997 on personal data protection (Journal of Legal basis 1. Act of 29 August 1997 on personal data protection (Journal of Laws of 2015 ( 355) as amended), 2. The Police Act of 6 April 1990 - art. 21 a-e (Journal of Laws 2014 ( of 2014 (1182) as amended), 3. Directive No. 1565 of Chief of Police of 29 December 2005 on the performance of police duties associated with running the database containing information about the results of the analysis of deoxyribonucleic acid.

The DNA database collects and processes information about people (art. 21 a ( 1) The DNA database collects and processes information about people (art. 21 a ( 1) (2)) a) people listed under art. 74 and 192 a of the Code of Criminal Procedure, b) unidentified people and people trying to hide their identity, c) unidentified human corpses, d) evidence of unknown offenders, e) persons posing a threat referred to in the Act of 22 November 2013, f) missing persons, g) family members of missing persons (art. 15 ( 1) (3 a) (c)), h) minors committing offenses by the law as a crime prosecuted by indictment,

Information collected and processed in the DNA Database (the Police Act art. 21 a Information collected and processed in the DNA Database (the Police Act art. 21 a ( 2) (2)) Data concerning persons referred to in art. 21 (2) (1) (a) and (e)-(h) including: a) names, family names or pseudonyms, b) names and surnames of parents of these people, c) date and place of birth, d) the importance and identification characteristics of an ID document, e) address, f) personal identification number PESEL, g) the nationality and gender.

 Art. 21 a ( 3 together with the DNA database, samples are collected, Art. 21 a ( 3 together with the DNA database, samples are collected, e. g. : • swabs of cheek mucosa, • blood, • hair follicles, • secretion. • in relation to the biological material of human corpse in the form of tissue samples

Art. 21 d determines the duration of storage of data and biological samples in Art. 21 d determines the duration of storage of data and biological samples in the database: • up to 35 years of the suspects, accused or convicted of crimes of XVI-XX, XXV and XXXV Chap. Penal Code and art. 94 (1), persons posing a threat under act of 22 November 2013. • 20 years for other offenses or for identification purposes; Art. 21 e readsd that the commission appointed by the Chief of Police shall remove from the database samples in relation to the following persons: • • • 19. 03. 2018 who were acquitted - immediately after the judgment becomes final against whom criminal proceedings were discontinued - after a period of prosecution of the offense against whom criminal proceedings were discontinued conditionally - upon expiry of the prosecution of the offense in relation to persons and cadavers, whose identity had been established missing immediately after their finding persons related to them immediately upon finding missing or after the application for removal;

Polish DNA Database CODIS (Combined DNA Index System) – software designed to collect, compare Polish DNA Database CODIS (Combined DNA Index System) – software designed to collect, compare and exchange automatically DNA data. In this system, no personal data are collected, The Registry - a systematic collection of: directives of the body, electrophoregrams, registration cards of biological samples and DNA profile registration cards, correspondence with police units and law enforcement agencies, and biological samples, LIMS (Laboratory Information Management System) software dedicated to processing personal data and the management of work in the laboratory of DNA database.

Genetic markers We do not analyze the entire zone of DNA, but only noncoding Genetic markers We do not analyze the entire zone of DNA, but only noncoding DNA fragments that vary in length. MARKERS Marker 1 Marker 2 Marker 3 Several markers of genetic profile of a person

Graphical and numerical representationof a DNA profile (SGM-plus) Graphical and numerical representationof a DNA profile (SGM-plus)

Use of DNA Databases Matching DNA profiles • unknown trace – unknown trace • Use of DNA Databases Matching DNA profiles • unknown trace – unknown trace • person – person • unknown trace – person • unknown corpse - person comparison of DNA profiles with relatives' profiles =

A search of databases 1: 1 A search of a 1: 1 - compliance A search of databases 1: 1 A search of a 1: 1 - compliance of the searched profile with profile registered in the Database in all common marked systems;

Family search - example 1 Family search - example 1

Comparison of the genetic code DNA profile Directive on the introduction to the Base Comparison of the genetic code DNA profile Directive on the introduction to the Base Registration of the profile in the DNA Database -systematic search of the Database No directive Unique search of the Database using a person's profile, unknown trace, the missing person or a relative with the missing person

Registration in the Base Direct registration person (art. 74 Code of Criminal Procedure) Directive Registration in the Base Direct registration person (art. 74 Code of Criminal Procedure) Directive + biological material DNA database Directive + copy of the document + samples DNA database unknown corpse uknown personal belongings. Indirect registeration - upon opinion or research report the missing person biological material CLKP/ LK KWP/ZMS/ Ordering unit families + private laboratories decision unknown trace or unknown corpse uknown person families

Jan Nowak is missing . . KSIP ID (The National Police Information System) Data Jan Nowak is missing . . KSIP ID (The National Police Information System) Data of the missing person or a relative of the missing person commandant's signature or a person authorized by the commander

Legal basis for automaticexchange of DNA data § Decision 2008/615/JHA of 23 June 2008 Legal basis for automaticexchange of DNA data § Decision 2008/615/JHA of 23 June 2008 on stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime § Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on stepping up cross-border cooperation, particularly in combating terrorism and cross-border crime (contains an attachment specifying the technical and administrative aspects of the implementation of Decision 2008/615/ JHA) …known as "Decisions from Prüm" AT, BE, DE, ES, NL, FR, LU 19. 03. 2018

The DNA data exchange within the framework of Prüm • Ensuring mutual online access The DNA data exchange within the framework of Prüm • Ensuring mutual online access to national DNA databases, • Currently running in 21 EU countries - BG, CY, DE, ES, EE, FR, LV, LT, LU, HU, NL, AT, PL, RO, SI, SK, FI, SE, CZ, MT, BE, • Poland started the exchange in January 2013, currently 17 connections. 19. 03. 2018

National Contact Point Technical Contact Point for automatic exchange of DNA data art. 145 National Contact Point Technical Contact Point for automatic exchange of DNA data art. 145 j of Police Act Central Forensic Laboratory of the Police Department of biology ul. Iwicka 14, 00 -735 Warsaw Tel: + 48 22 60 12629 / 126 -37 Fax: + 48 22 60 12606 e-mail: dna. [email protected] gov. pl Contact person: Jakub Mondzelewski National Contact Point for transmission of further data after obtaining HIT art. 4 and 5 of the Act on the exchange of information between law enforcement authorities of EU Member States Office of International Police Cooperation of the National Police HQ Information Exchange Contact Points Service Section ul. Puławska 148/150 02 -624 Warsaw Tel: + 48 22 60 15613 / 13690 fax: + 48 22 60 15340 e-mail: dyzurny. [email protected] gov. pl Contact person: Łukasz Boczkowski 19. 03. 2018 Division for Coordination of International

National regulations Prüm National bodies authorized to exchange information: 1) The Internal Security Agency; National regulations Prüm National bodies authorized to exchange information: 1) The Internal Security Agency; 2) Central Anticorruption Bureau; 3) Police; 4) Customs Service; 5) The Border Guard; 6) Authorities of fiscal control; 7) Military Police. 19. 03. 2018

The rules on mutual exchange of DNA data • The EU Member States ensure The rules on mutual exchange of DNA data • The EU Member States ensure access to reference data stored in national DNA databases, • Reference data shall only include DNA profiles established from the noncoding part of DNA and its reference (no other personal information and information about the case). • Member States are free to decide that DNA profiles will be available for automatic searches. • Automatic search in DNA databases through (Technical) National Contact Points according to the rule MATCH / NO HMATCH (no central DNA database). • After approval of a match, transmission of further personal data and information about the case on the basis of national regulations including the 19. 03. 2018 provisions on legal aid (the second step of the procedure).

The rules on mutual exchange of DNA data • Compatibility of exchanged DNA data The rules on mutual exchange of DNA data • Compatibility of exchanged DNA data with the European Standard Set of Loci (ESS) or the Interpol Standard Set of Loci (ISSOL); • Compliance of DNA profiles labeling with ISO 17025(Implementation of the EU Council Framework Decision 2009/905 / JHA 30 November 2013. Currently, 7 Forensic Laboratories have accreditation); • The compatibility of national law with European directives on the protection of personal data; • Electronic transmission of encrypted data over a secure network s-TESTA; 19. 03. 2018 • Search result within up to 15 minutes, 24/7;

The procedure for mutual searches of DNA data Qualification of DNA profiles to searches The procedure for mutual searches of DNA data Qualification of DNA profiles to searches within the Prüm - checking in the national DNA database - right amount of Loci (min. 6 of the 7 ESS + EU Council Resolution 2009 / C 296/01 dated. 30. 11. 2009 ) - obtained in an accredited laboratory (Framework Decision 2009/905 / JHA of 30. 11. 2009) - lack of repetition, identified traces, mixtures; - lack of profiles, whose further data will not be available. Types of searches: - mass comparison – 2 countries each scour all unknown traces - Mutual transfer of new or modified profiles of people and traces - Single search requests 19. 03. 2018

Diagram of automated data exchange Match PL trace - trace EU / trace PL Diagram of automated data exchange Match PL trace - trace EU / trace PL - person EU Verification by CLKP (Technical Point of Contact) Information to the unit recording the trace The unit submitting the request to the Department for Coordination of International Information Exchange of the Office for International Police Cooperation (contact officer KWP)

Diagram of automated data exchange Match person PL - trace EU re-determination of a Diagram of automated data exchange Match person PL - trace EU re-determination of a person's profile / verification Information to the Department for Coordination of International Information Exchange of the Office for International Police Cooperation (only in case of inquiries from EU partner) unit

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The DNA data exchange within the framework of Interpol DNA Profile Search Request DNA The DNA data exchange within the framework of Interpol DNA Profile Search Request DNA Database NCB Switzerland DNA Database NCB United Kingdom Department for Coordination of International Search of the Office of International Police Cooperation of the National Police HQ (missing people, corpses, families). DNA Database NCB Norway profile in the form is filled in by an expert at biological research defining the profile's category designation of countries in which the check is to be made the possibility of making checks based on kinship 19. 03. 2018

DNA profile check form - Interpol DNA profile check form - Interpol

The number of profiles registered in the DNA data collection As of 17. 06. The number of profiles registered in the DNA data collection As of 17. 06. 2016 PERSONS 48769 TRACES OF UNKNOWN OFFENDERS 6455 CORPSES OF UNIDENTIFIED PERSONS 1005 MISSING PERSONS 319 UNIDENTIFIED PERSONS OR PERSONS HIDING THEIR IDENTITY 30 PROFILES OF RELATIVES OF MISSING PERSONS 1647 (1027 FAMILIES) IN TOTAL 58225

Matches in the DNA Database National MATCHES Type of matches / Year person-trace-trace person-corpse- Matches in the DNA Database National MATCHES Type of matches / Year person-trace-trace person-corpse- corpse family-corpse 2007 7 6 2008 13 15 2009 41 41 2010 55 15 2011 30 23 2012 61 47 2014 71 88 2015 141 88 2016 104 55 7 1 2013 63 59 3 1 4 0 31 55 45 1

Statistics of automatic data exchange within Prum Quality 1: Slovakia Sum Trace (PL) / Statistics of automatic data exchange within Prum Quality 1: Slovakia Sum Trace (PL) / Person (UE) Trace (PL) / Trace (UE) Person (PL) / Person (UE) 52 10 8 12 22 the Netherlands Lithuania 197 20 28 71 78 41 4 3 6 28 Austria 316 43 40 82 151 39 11 7 7 14 8 2 1 0 5 1415 113 123 498 681 15 5 0 2 8 130 18 13 17 82 205 57 17 73 58 12 2 1 5 4 0 0 0 2 0 1 0 0 0 1 3 2 0 1 0 98 12 5 28 53 0 0 0 2534 299 246 804 1185 Spain Romania Germany Slovenia the Czech Republic France Finalnd Cyprus Hungary Latvia Estonia Sweden Malta

Examples of matches Criminal and Investigation Division of the Municipal Police HQ Gdańsk - Examples of matches Criminal and Investigation Division of the Municipal Police HQ Gdańsk - case of a murder of a 86 -year-old woman corpse revealed - 02. 06. 2016 Forensic laboratory of the Regional Police HQ Gdańsk — marking of profiles of 2 unknown perpetrators 04. 06. 2016 - one-time Database search Match with a profile of a person with a known identity - registration for the case of theft of property (2 cell phones)

Examples of matches Department for fight crime against property the Municipal Police HQ Legnica Examples of matches Department for fight crime against property the Municipal Police HQ Legnica Registration of a profile of an unknown trace - theft with burglary to an ATM (07. 06. 2016 r. ) No matches profiles with profiles of unknown traces and individuals registered in the Polish Base Match with the profile of an identified person registered in the German Base

Examples of matches police station VII Krakow (all registrations) Person's profile (reg. 01. 10. Examples of matches police station VII Krakow (all registrations) Person's profile (reg. 01. 10. 2012) Profile of an unknown trace in a case of theft with burglary - 05. 2012 (reg. 28. 04. 2014) Profile of an unknown trace in a case of theft with burglary of a car - 05. 2012 (reg. 04. 12. 2014) Profile of an unknown trace in a case of theft with burglary of a car - 05. 2013 (reg. 13. 06. 2016) Profile of an unknown trace in a case of theft with burglary of a car - 06. 2013 (reg. 14. 06. 2016)

Use of DNA database in the identification of unknown corpses missing person -Białogard unknown Use of DNA database in the identification of unknown corpses missing person -Białogard unknown corpse -Hajnówka unknown corpse -Warsaw missing person -Jasienica missing person -Zamość unknown corpse -Kraków

Use of DNA database 1. 20. 05. 2005; 22 h 00 - a young Use of DNA database 1. 20. 05. 2005; 22 h 00 - a young man went out of the house, since then he has not established contact with the family, 2. 21. 05. 2005 – disclosed body of a man (intrusion under an oncoming train), 3. July 2015 - registration in the Base of material taken from the mother and sister of the lost man - match.

Use of DNA database 1. In 1992 a man escaped from a welfare facility Use of DNA database 1. In 1992 a man escaped from a welfare facility for the mentally ill, 2. April 2015 — registration of the profile of an unknown man in the Base, 3. July 2015 — mother's profile is registered in the Database - match.

Thank you for attention! § Central Forensic Laboratory of the Police § Department of Thank you for attention! § Central Forensic Laboratory of the Police § Department of Biology § ul. Iwicka 14, 00 -735 Warsaw § Tel: +48 22 6012637 § Fax: +48 22 6012606