Moldova to be able to exchange DNA data with other states for investigation of serious crimes

Moldova will be able to exchange DNA analysis results with other states for the prevention, detection and investigation of serious crimes, especially the ones of a cross‑border nature. The parliament today approved, in the first reading, with 70 votes for, amendments to the Law on Judicial Genetic Registration.

The draft law, developed by the Interior Ministry (MAI), aims to create the legal framework necessary for the interoperability of national DNA profiling systems with the ones of the member states of the European Union and partially transposes the provisions of the Council Resolution of November 30, 2009 on the exchange of DNA analysis results.

State Secretary of the Interior Ministry Alexandru Bejan, who presented the draft, said in plenum that Moldova currently does not have a complete legal framework that would allow this cooperation in accordance with European standards.

"With the proposed amendments, we seek to ensure the international exchange of DNA results, the approval and use of the 12 DNA markers standardized at European level, as well as the establishment of the legal framework necessary for Moldova’s participation in the European mechanism for the exchange of DNA results," said Alexandru Bejan.

The draft regulates the international exchange of genetic data and designates the MAI as the national competent authority for managing this mechanism. At the same time, it sets out the conditions under which biological material may be collected from persons suspected, accused or indicted for committing less serious, serious, particularly serious or exceptionally serious crimes.

The collection of DNA samples will be carried out by employees of the General Police Inspectorate or, as the case may be, by the staff of penitentiary institutions, in cooperation with IGP.

Alexandru Bejan specified that the draft also contains safeguards for the protection of privacy. Thus, the results of analyses provided in the context of international exchange will have to comply with ISO 17025 standards and must not contain information on health status or other individual characteristics that might affect the right to family and private life.

"The draft also introduces safeguards regarding the protection of privacy in the case of using additional genetic markers, so that they must be validated in accordance with ISO 17025 and must not provide data on health status or other individual characteristics," the state secretary noted.

According to the authorities, the use of genetic markers will be limited, so as to prevent the obtaining of information about individuals’ hereditary traits.

The automated exchange of DNA analysis results will also require additional technical regulations. Alexandru Bejan noted that the government is to approve normative acts regarding the technical mechanism for data exchange.

"The Council’s Resolution contains both legal norms and certain technical rules regarding the automated exchange of DNA analyses’ results," the official said.

The provisions regarding the international exchange of genetic data will enter into force on the date of Moldova’s accession to the European Union. According to Bejan, this is linked to the need to establish an electronic database and the information flows necessary for the exchange of DNA results.

The authorities estimate that the new mechanism will help make criminal investigations more efficient, including in cases where persons suspected of crimes move between states.

"They will certainly bring greater efficiency to the process of investigating crimes, including covering the mobility of offenders and being an important element in the process of tracking them down," said Alexandru Bejan.

According to the state secretary, the draft was consulted with the European Mission and also aims to strengthen international cooperation in combating crime and to make the examination of criminal cases more efficient.

The draft law is to be examined by the parliament in the second reading.