1 / 39

Functioning and use of DNA Databases in Poland .

This article provides information about the DNA database in Poland, specifically in the Central Forensic Laboratory of the Police. It discusses the legal basis, data collected and processed, storage duration, and the use of the database in matching DNA profiles. It also explains the CODIS system and the LIMS software used in the management of the DNA database.

thomasbrian
Download Presentation

Functioning and use of DNA Databases in Poland .

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

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

  2. 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.giodo.gov.pl/

  3. Legal basis • 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. 21a-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.

  4. The DNA database collects and processes information about people (art. 21a ( 1) (2)) a) people listed under art. 74 and 192a 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) (3a) (c)), h) minors committing offenses by the law as a crime prosecuted by indictment,

  5. Information collected and processed in the DNA Database (the Police Act art. 21a ( 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.

  6. Art.21a ( 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

  7. Art. 21d 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. 21ereadsd that the commission appointed by the Chief of Police shall remove from the database samples in relation to the following persons: • 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;

  8. 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.

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

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

  11. 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

  12. 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;

  13. Family search - example 1

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

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

  16. 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

  17. 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 2019-12-19

  18. 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, currently17 connections. 2019-12-19

  19. National Contact Point Technical Contact Point for automatic exchange of DNA data art. 145j 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.pruem@policja.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 Division for Coordination of International 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.bmwp@policja.gov.pl Contact person: Łukasz Boczkowski 2019-12-19

  20. 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. 2019-12-19

  21. 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 non-coding 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 provisions on legal aid (the second step of the procedure). 2019-12-19

  22. 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; • Search result within up to 15 minutes, 24/7; 2019-12-19

  23. 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 2019-12-19

  24. 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)

  25. 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

  26. 2019-12-19

  27. 2019-12-19

  28. DNA Database DNA Database DNA Database The DNA data exchange within the framework of Interpol Interpol DNA Profile Search Request NCB Switzerland 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). 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 NCB Norway 2019-12-19

  29. DNA profile check form - Interpol

  30. The number of profiles registered in the DNA data collection As of 17.06.2016

  31. Matches in the DNA Database National MATCHES

  32. Statistics of automatic data exchange within Prum Quality 1:

  33. 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)

  34. 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

  35. 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)

  36. 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

  37. Use of DNA database 1. 20.05.2005; 22h00 - a young man went out of the house, since then he hasnot established contact with the family, 2. 21.05.2005 – disclosed body of a man (intrusion underan oncoming train), 3. July 2015 - registration in the Base of material taken from the mother and sister of the lostman- match.

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

  39. 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

More Related