National Bank Of Functional Ambito Genetic Data - Object - Functions - Full Text Of The Norm

Original Language Title: BANCO NACIONAL DE DATOS GENETICOS AMBITO FUNCIONAL - OBJETO - FUNCIONES - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
NATIONAL BANK OF GENETIC DATA Law 26.548 Functional ambition. Object. Functions. National Archive for Genetic Data. Information Reserve. Posted: November 18, 2009 promulgated: November 26, 2009

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Functional ambition. The National Genetic Data Bank established by Act No. 23.511 will function as an autonomous and autonomous body within the Ministry of Science, Technology and Productive Innovation. ARTICLE 2 . Object. It is the object of the National Genetic Data Bank to ensure the collection, storage and analysis of genetic information that is necessary as evidence for the clarification of crimes against humanity whose execution has been initiated within the national State until 10 December 1983, and that allows:

(a) The search for and identification of children and/or daughters of disappeared persons, who had been abducted with their parents or were born during the captivity of their mothers;

(b) Assistant to justice and/or government and non-governmental organizations specialized in the subject matter of this law in the genetic identification of the remains of persons victims of enforced disappearance.

Article 3 Functions. The National Genetic Data Bank will have the following functions:

(a) To undertake and promote studies and research relating to its object;

(b) To continuously organize, manage and update the national archive of genetic data, guarding and ensuring the reservation of data and information available therein, in accordance with the provisions of Act No. 25,326 on the protection of personal data and ethical data for the genetic databases indicated by the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the World Health Organization (WHO);

(c) To act through its technical general director and the other professionals who integrate it as exclusive official experts to the competent judges in the criminal cases that are aimed at identifying the persons referred to in Article 2 (a), of this Law, issuing technical opinions and performing the genetic expertise required to them;

(d) Adopt and dictate the necessary rules to ensure the correctness and accuracy of studies, analyses, opinions and reports through them;

(e) Coordinate protocols, markers, guidelines and common actions with other agencies, entities and institutions both public and private in local, municipal, provincial, national and international orders related to their competence;

(f) Propose the formulation of public policies to the various areas and levels of the State, by issuing rules and regulations related to the object of its competence.

ARTICLE 4 . Gratuity. All services rendered, related to the functions set out in the previous article, shall be free of charge. ARTICLE 5o . National Archive for Genetic Data. This file will contain genetic information concerning:

(a) The search for and identification of children of disappeared persons as a result of the illegal actions of the State, abducted together with their parents and/or born during the captivity of their mothers, until 10 December 1983. In order to enable the cross-cutting of data, the archive will contain the genetic information of the relatives of the children or daughters of disappeared persons, as well as that of those who might be the direct victims;

(b) The search for, recovery and analysis of information to establish the identity and what happened to disappeared persons as a result of illegal State repressive actions;

(c) The identification of the remnants of embryos resulting from gestation processes not completed as a result of the illegal repressive action of the State against pregnant women, until 10 December 1983.

The National Archive for Genetic Data will carry specific and differentiated records of the information concerning the types of situations described, without prejudice to the cross-cutting of data in each particular case when the circumstances of the fact so advise.

The National Bank for Genetic Data should adopt and implement all necessary measures to ensure its inviolability and inalterability.

ARTICLE 6 Inclusion of data. Any direct family member of disappeared or allegedly born in captivity shall have the right to request and obtain the services of the National Bank for Genetic Data in the terms referred to in this Act, including the registration of his data in the National Archive for Genetic Data.

The National Genetic Data Bank will ensure compliance with the powers granted by article 4 of Law 25.457 to the National Commission for the Right to Identity.

The National Archive for Genetic Data will record the genetic information of those whose samples have been sent to the National Bank for Genetic Data through a judicial case, as well as the information provided through the National Commission for the Right to Identity.

The genetic information entered will be recorded in the National Archive for Genetic Data for the sole purpose of ensuring its comparison with the data incorporated in the future.

ARTICLE 7 . Accreditation. For the purposes set out in the previous article, the person concerned shall summarily credit the National Genetic Data Bank:

(a) The circumstances in which the person disappeared or those of whom the presumption of birth in captivity arises;

(b) The alleged link he has with the person who is the victim of enforced disappearance, in accordance with the law in force.

The certification issued by the National Commission for the Right to Identity and/or the National Archive for Memory, as appropriate, will be sufficient accreditation.

ARTICLE 8 Control of expertise by parties in criminal cases. The parties, in the criminal proceedings referred to in article 2, shall have the right to control the experts made at the National Bank of Genetic Data through the designation of experts on the part, whose opinions shall be sent to the judicial organ requesting in conjunction with the expert report. The provisions of Chapter V of Title III of Book II of the Criminal Procedure Code of the Nation shall be complementary to this law. Article 9 . Information booking. The National Bank for Genetic Data shall not provide information to individuals on the data recorded, nor to public or private entities whatever the nature of the reasons alleged.

The stored genetic information can only be supplied by a judicial requirement, in a given case, for the exclusive purposes of supporting the conclusions of the expert opinions produced by it and allowing its control by the experts on the part.

Persons who presume to be children or daughters of disappeared persons as a result of the unlawful actions of the State and/or persons allegedly born during the captivity of their mothers; they shall have exclusive access to reports, opinions and results of genetic tests that directly involve them, which shall be credited to the agency.

ARTICLE 10. . Disciplinary responsibility. Any alteration in the records or reports will result in disciplinary liability on the part of the author and/or of the author. It will also generate the solidarity responsibility of its hierarchical superior. This, without prejudice to the criminal and/or civil responsibilities arising. ARTICLE 11. . Violation of the duty to reserve the information. Anyone who violates the duty to reserve the information referred to in Article 9 of this Law is liable to disciplinary liability. This, without prejudice to the disciplinary liability of its hierarchical superior as well as the criminal and/or civil responsibilities arising. ARTICLE 12. Studies and analysis. For the purposes of the study and analysis, the National Genetic Data Bank will have the following duties and powers:

(a) Determination of the type of studies and/or analysis to be performed in each case where your intervention is required to determine a genetic pattern, in accordance with the latest, better and modern medical and scientific criteria, such as:

1. Blood group research.

2. Research of the histocompatibility system.

3. Research of erythrocyte isoenzymes.

4. Plasmatic protein research.

5. DNA studies in autosomal genetic markers, mitochondrial DNA, chromosome haplotypes X and Y, SNPs and all other tests that scientific development makes relevant;

(b) Determination of the place, day and time for the purposes of conducting the tests, examinations and/or analysis, and should notify the interested parties by means of a fruitful and sufficiently in advance;

(c) Production of tests and examinations under the chronological order of receipt of the requirement.

ARTICLE 13. Definition of genetic pattern. It will be understood by genetic pattern to the personal registry developed by DNA analysis, exclusively on the basis of genotypes that are independently harvested, possess a high degree of population polymorphism, lack of direct association in the expression of genes, are located in non-coding regions of DNA and provide information only for identifiable purposes and that are suitable for being systematized and encoded in a computer database. The markers used must be internationally endorsed and used in quality controls by the various officially recognized forensic genetics societies.

In cases where data is needed to be compared with those studied in other services, the National Genetic Data Bank should define the conditions under which these studies are carried out and require the laboratories involved to be subject to these regulations.

The National Genetic Data Bank should update the information of the National Genetic Data Archive according to the new genetic markers that are used in forensic genetics in the future and adapt to future technologies used for these purposes.

The National Genetic Data Bank should also be subject to quality controls by international bodies with recognized experience in the matter, with the periodicity and characteristics set out in the regulatory decree.

ARTICLE 14. . Effectiveness of the test measure. In the case of one of the evidentiary measures ordered by a competent judge or by the National Commission for the Right to Identity under the object defined in Article 2 (a), the National Genetic Data Bank shall cross the genetic information obtained with the entire National Genetic Data Archive. ARTICLE 15. Impossibility or refusal of concurrence. In the event that, by virtue of physical and/or mental impossibility, the person concerned may not personally turn to the National Bank for Genetic Data for the purpose of undergoing the necessary tests and/or analysis, the latter shall take such measures as may be conducive to the purpose of having the relevant evidence at his home.

The National Genetic Data Bank will advise national and federal judges on the collection of useful forensic traces for obtaining genetic information. It will also make available trained personnel to participate in judicial proceedings to be carried forward.

ARTICLE 16. Must report. When a person ' s identity replacement or any other offence is verified, the National Genetic Data Bank must make such a case known to the competent judge.

When the review and/or analysis had been ordered by the National Commission for the Right to Identity, the National Bank for Genetic Data will inform the Commission that it will have the duty to report to justice.

ARTICLE 17. Residents abroad. Persons residing abroad, upon request to the National Genetic Data Bank or by order of the intervening judge, shall be subject to the extraction of samples for the obtaining of genetic information with the intervention of the Argentine Consulate, which shall certify the identity of those who do so, having such samples, duly certified, be turned by the Argentine Consulate to the National Genetic Data Bank for the conduct of examinations and/or analysis. ARTICLE 18. Implementation and cost. The Ministry of Foreign Affairs, International Trade and Worship shall be responsible for giving instructions and issuing the necessary provisions for the proper and timely implementation of the tasks set out in the preceding article by the Argentine consulates abroad. The cost of consular services, the fees for obtaining blood samples and any tariffs in foreign territory shall be exclusively charged by the Ministry of Science, Technology and Productive Innovation, which shall have budgetary allocations for this purpose. ARTICLE 19. . Organization of the National Genetic Data Bank. The National Genetic Data Bank will operate under the responsibility and direction of a (1) technical general director, professional in biochemistry or molecular biology, with recognized experience in forensic genetics, a (1) technical deputy director, with equal profession and specialization, and a (1) administrative deputy director, specialist in administration, economy or related careers. The technical general director and the technical and administrative deputy directors will be appointed by the executive branch through a public contest of opposition and background, which guarantees the scientific adequacy of the chosen professionals and the transparency of the selection process; it will last four (4) years in their posts, and may be re-elected. ARTICLE 20. From the technical director general. The technical director will be responsible:

(a) Coordinate and conduct all activities in order to achieve better compliance with the purposes of this Act and its consistent and complementary standards;

(b) To exercise legal representation in all its acts, in order to delegate its powers to the technical deputy director;

(c) To convene and chair the meetings of the Advisory Council, with a voice and a vote;

(d) To propose plans and programmes of activities to the Advisory Council;

(e) Exercise all established scientific functions;

(f) Respond as an official expert to the requirements of judicial bodies;

(g) To propose to the advisory council, with the collaboration of the deputy directors, the functional organizational structure of the National Genetic Data Bank.

ARTICLE 21. From the technical deputy director. The functions of the technical deputy director will be:

(a) To exercise the powers and functions entrusted to it or delegated by the technical general director;

(b) Replace the technical general director in case of absence.

ARTICLE 22. The administrative deputy. They shall be the functions of the administrative deputy director: to exercise the administrative powers and functions entrusted to him or her by the technical general director. ARTICLE 23. From the advisory board. It shall consist of the following members, who shall perform their duties "ad honorem":

(a) One (1) representative of the Ministry of Science, Technology and Productive Innovation;

(b) One (1) representative of the Ministry of Health;

(c) One (1) representative of the Ministry of Justice, Security and Human Rights;

(d) One (1) representative of the National Commission for the Right to Identity (CONADI), established by Law 25.457;

(e) One (1) representative of the Ministry of Social Development.

In addition, one (1) representative of the National Academy of Medicine, one (1) representative of the National Council for Scientific and Technical Research (CONICET), one (1) representative of a national university and one (1) representative of the General Audit of the Nation, shall be invited to join the advisory council.

ARTICLE 24. Functions of the advisory council. The Advisory Council will be responsible for:

(a) To advise the technical general director on the plans and programmes of activities of the National Genetic Data Bank;

(b) To propose the establishment of educational and training centres; to grant scholarships and to promote studies and research related to the purpose of the agency;

(c) Dictamine in relation to the dictation of internal regulations and rules relating to the administrative and specific management of the National Genetic Data Bank;

(d) Approving the annual budget for expenditure, resource calculation and investment accounts and bringing it to the competent authorities;

(e) Adopt the overall memory and balance at the end of each exercise;

(f) To authorize, in accordance with the relevant regulations, the recruitment of services for the conduct of special tasks that cannot be carried out by the staff of the agency;

(g) Any other activity emerging from the above-mentioned.

ARTICLE 25. Consultative Council meetings. The advisory board shall at least serve on a bimonthly basis. The call will be carried out by the technical general director through fruitful means. At least four (4) members will be required to sessitize and make decisions. Decisions shall be taken by the vote of more than half of the members present. In case of a tie, the technical general director will have a double vote. Where the urgency of the case is required, the technical general director may convene an extraordinary session. ARTICLE 26. . Subsidiary regulation. For the purposes set forth in this Act, the rules of the Code of Criminal Procedure of the Nation and the Code of Civil and Commercial Procedure of the Nation are regulated in all that is not regulated in this regulatory body.

Transitional clauses

ARTICLE 27. Resources. The necessary items for the implementation of the present must be budgeted and charged to the Ministry of Science, Technology and Productive Innovation to be employed by the National Bank for Genetic Data, until it organizes, in accordance with the current regulations, its financial administrative service. ARTICLE 28. . Implementation. The National Bank for Genetic Data will be fully affected by its property, rights and obligations, as well as all data and information recorded in the National Archive for Genetic Data.

As the National Genetic Data Bank is a tool for redressing serious human rights violations, it will ensure that in the implementation of this law, its tasks will continue to be carried out normally, avoiding suspensions and delays.

Officials and employees of the National Bank for Genetic Data may choose to remain in their positions and tasks in the new functional area, recognizing their seniority in the charges and the rest of their labour rights.

ARTICLE 29. Genetic studies undergoing filiation trials at the time the present law enters into force shall be concluded by pre-serving genetic information until the completion of such information

trial.

ARTICLE 30. Default any rule that is contrary to this law. ARTICLE 31. Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DIASS OF THE MONTH OF NOVEMBER OF THE YEAR DOS MIL NEW.

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JOSE J. B. PAMPURO. EDUARDO A. FELLNER. . Enrique Hidalgo. . Juan H. Estrada.