EU Court allows police to store biometric data of convicts and suspects

Brussels –Preserving biometric and genetic data of a convict or suspect is possible. Police and law enforcement agencies “may decide” to do so, provided it is in accordance with national laws that do not conflict with European ones. The Court of Justice of the EU, in a judgment, clarifies the relationship between public order, security, and the processing of personal data. Specifically, the Luxembourg judges note that national law, “if it sets appropriate time limits for a review of the need to store those data,” does not have to provide for a maximum period of storage.” 

From a legal point of view, Union law – specifically the directive on the processing of personal data in the event of the prevention or execution of criminal offences – does not preclude national legislation which allows for the indiscriminate collection of biometric and genetic data of any person accused of having committed an intentional criminal offence or suspected of having committed such an offence. Moreover, EU law permits the existence of national legislation under which the police assesses the need for continued storage of biometric and genetic data in accordance with internal rules.

The police, for reasons of internal security, can therefore store this data for long periods. In this, however, national legislation must be complied with, with clarifications on the modalities and prevention of abuse. In particular, the Court clarifies that the rights of convicts or suspects must be guaranteed, meaning that “controllers must be required to comply with all of the principles and the specific requirements applicable to the processing of sensitive personal data.” Furthermore, the purposes of the collection of biometric and genetic data must not require a distinction to be made between those two categories of persons.