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The National Dna Database, And Use The Law

Original Language Title: DNS nacionālās datu bāzes izveidošanas un izmantošanas likums

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The Saeima has adopted and the President promulgated the following laws: the National DNA database, and use the law, chapter I. General provisions article 1. The law is applied in the following terms: 1) biological material — human tissue or organ parts and body fluids that contain cells that have nuclei DNA [blood, saliva, semen, sweat, urine, the soft tissues (e.g. muscle), bones, hair, with their sīpoliņ of the vagina external shells];
2) traces of biological origin – biological material removed on site, missing persons, residence of the victim or the suspected person or clothing from the body, as well as other items of evidence;
3) DNA molecules of DNA — the part that points to the different signs of human genetic information;
4) DNA profile — computer-readable DNA genetic research;
5) DNA genetic research — biological scientific research to determine the DNA profile of the sample;
6) reference samples, biological material, taken from the victim, the suspect, accused, convicted defendants or persons from the bodies unrecognized, from missing person biologically close relatives (children, parents), to establish a biological foot source, identify the missing person or an unrecognized body;
7) News: a person's name (name), surname, identity code, event tracking number, operational accounting or criminal case number, the name of the body that registered the event or thing, and the organic material quantity and type.
2. article. The law aims to create a national DNA database to be used in the detection of criminal offences, as well as to define and regulate DNA genetic research exchanges with foreign countries and international organizations.
3. article. (1) any person Prohibited discrimination in relation to its DNA ancestry and any other DNA research results data.
(2) the reference sample and traces of biological origin research institutions by the State examiner's certified experts who have the appropriate knowledge and at least a year long experience in the field.
(3) the reference sample and biological research of the feet is allowed only for scientific information.
4. article. The DNA national database collects and stores information about the DNA profiles and news about people who kept suspected, accused, or convicted of, for defendants not recognized bodies in the Republic of Latvia, on missing persons and on the feet of biological origin.
5. article. The National DNA database technical resources is the Interior Ministry's information center.
6. article. The National DNA database system administrator and information resources is the State police forensics Department (hereinafter referred to as forensic Administration).
7. article. The National DNA database, use the maintenance and development of the financed from State budget resources for these purposes.
8. article. News of convicted foreign nationals of Latvia, non-citizens, permanent residence permit in Latvia received the aliens, stateless persons and refugees, and information on their DNA profiles on the National DNA database includes the Republic of Latvia in accordance with binding international agreements.
Chapter II. The National DNA database to include DNA profiles and information article 9. If the scene removed the traces of biological origin in the National DNA database to include the following information: 1) event records the registration number or the number of criminal cases;
2) date when the committed criminal offence;
3) the name of the authority which has registered the event, criminal and criminal case records;
4 feet of biological origin) number and type;
5) DNA profile.
10. article. About committing the crime suspects, the accused or convicted person, disclose the DNA national database to include the following information: 1) person's name (first name) and last name;
2) personal code (aliens and stateless persons — date of birth);
3) nationality and its type;
4) a criminal case number (s);
5) the name of the authority which removed the reference sample, and sample type;
6) name of the person (s) and surname, which removed the reference model;
7) DNA profile.
11. article. For an unrecognized body (body) of the National DNA database to include the following information: 1) event records the registration number or the operational accounting or criminal case number;
2) the date when an unrecognized body found;
3) the name of the body which records are located in case of operational accounting or criminal;
4) biological material;
5) DNA profile.
12. article. (1) for the missing person in the National DNA database to include the following information: 1) missing person's name (name), surname and personal code;
2) missing person biologically close relatives name (name), surname and personal code;
3) core accounting or criminal case number;
4) the name of the body which records are located in case of operational accounting or criminal;
5) missing person's close relatives of the biological DNA profiles.
(2) If it is not possible to find out the missing person biologically close relatives or they refuse to provide comparable samples, DNA national database to include the following information: 1) missing person's name (name), surname and personal code;
2) operational accounting or criminal case number;
3) the name of the body which records are located in case of operational accounting or criminal;
4) to missing persons personal property listing from which obtained biological material;
5) biological material;
6) DNA profile.
(3) missing person close relatives reference samples and messages for inclusion in the National DNA database provides voluntarily, giving written consent for the processing of data by the Cabinet of Ministers.
13. article. (1) biological and biological removal of foot, as well as the provision of timely news forensic administration it for inclusion in the National DNA database in the order of the Cabinet of Ministers provides: 1) certificate authorities;
2) prison administration;
3) prosecution authorities;
4) Court;
5) treatment services or treatment.
(2) the first paragraph of this article and the person responsible for organic material and biological traces, as well as the timely delivery of the message and this message compliance with its supporting documents.
14. article. Forensic administration is entitled to request and receive, free of charge, of biological material biological traces, DNA profiles and news from State and local authorities.
Chapter III. The National DNA database included provision of information article 15. The National DNA database to include DNA profiles and messages are limited in availability information.
16. article. (1) the right to receive information from the National DNA database is a cognitive authorities (with the consent of the public prosecutor), the prosecution authorities and the courts to carry out pre-trial investigations, cases and trials.
(2) in order to receive information from the National DNA database, the information appearing on the grounds of necessity.
(3) the request and the reasons for it to be included in the information, as well as the examination of the request and the information procedure shall be determined by the Cabinet of Ministers.
Article 17. (1) the DNA national database providing information to foreign law enforcement authorities permitted cases and in the order prescribed by the Republic of Latvia to binding international treaties.
(2) the DNA profiles and messages received from foreign law enforcement agencies, provide a translation into the language of the country.
Chapter IV. The National DNA database contains DNA profiles and message retention period of article 18. (1) the DNA profiles and news about people in the National DNA database kept in 75 years.
(2) After the expiry of the term of storage of DNA profiles and news of it drawn up and destroyed.
The law shall enter into force on 1 January 2005.
The Parliament adopted the law of 17 June 2004.
State v. President Vaira Vīķe-Freiberga in Riga, July 7, 2004 an editorial added: the law shall enter into force by 1 January 2005.