Approves The Creation Of A Database Of Dna Profiles For Civil And Criminal Identification Purposes

Original Language Title: Aprova a criação de uma base de dados de perfis de ADN para fins de identificação civil e criminal

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445304e4331594c6d527659773d3d&fich=ppl144-X.doc&Inline=false

1 PROPOSAL of law No. 144/X explanatory memorandum the "genetic fingerprint" is the fingerprint of modern times. Progressively, the credibility and effectiveness of this method of identification makes it possible that it will become a standard method of identification. Therefore, the possibility of building a database of profiles of a. d. n. from volunteers who so enlightened, accept to integrate your "genetic fingerprint" on the base, to which they will have to give your written consent. In addition, a database of profiles of a. d. n. is an important assist of criminal investigation because, increasingly, the "genetic fingerprints" constitute the criminal identification method par excellence, whose importance has grown in recent times, and, currently, the most appropriate means of identification. Since the early 90, several international bodies have been advising the use of analyses of the d. n. (deoxyribonucleic acid) in the criminal justice system and the possibility of creating internationally accessible databases that include the results of those analyses, in particular when they were concerned crimes against freedom and sexual self-determination — CITES-if the sample purposes only Recommendation R (92) 1 of the Committee of Ministers of the Council of Europe, of 10 February 1992. However, the analyses of the d. b. constitute a method used on a daily basis in the criminal investigation.

Since then, the work produced, at EU level, within the framework of the Council of Europe, as well as within the framework of scientific working groups (working group of a. d. n. E.N.F.S.I. — European Network of Forensic Science Institutes, EDNAP — European DNA Profiling Group, GEP-ISFG — Spanish and Portuguese Group of the international society for Forensic Genetics, or STADNAP — Standardization of DNA Profiling Techniques in the European Union) or police (for example , the international criminal police organizations such as Interpol and Europol), have 2 important contributions for the various solutions adopted in comparative law. So, throughout the world were already built databases of profiles of a. d. n., in several dozen countries. In Europe, most countries have produced legislation on databases of profiles of a. d. n., criminal investigation purposes and/or civil identification, in particular, in England (since 1995), in Northern Ireland and Scotland (since 1996), in the Netherlands and in Austria (since 1997), in Germany and Slovenia (since 1998), in Finland and Norway (since 1999) , in Denmark, Switzerland, Sweden, Croatia and Bulgaria (since 2000), in France and the Czech Republic (since 2001), in Belgium, Estonia, Lithuania and Slovakia (since 2002) and in Hungary and Latvia (since 2003). Collected all of these experiences and contributions and solidified the best solutions, it is important now to establish the legal framework of the database of the profiles D. N. Thus, from the Recommendation n° R (92) 1, adopted by the Committee of Ministers of the Council of Europe, on February 10, of resolution 97/C 193/02 of the Council of 9 June 1997 and resolution 2001/C 187/01 of the Council June 25, 2001, with respect for the principle of human dignity, fundamental rights enshrined in the Constitution of the Portuguese Republic and the principles of the Portuguese criminal procedure and protection of personal data, are created the basic rules necessary for the creation and use of a database of profiles of a. d. n. as an instrument of civil identification and identification in the context of the criminal investigation. The database of profiles of a. d. n. is composed of several files, with specific rules. One of the files, with criminal investigation purposes, contains the profiles of the d. n., of people convicted of felonies in concrete penalty of imprisonment of not less than 3 years (even if it has been replaced), and since there is no order of the trial judge determining that insertion. The insert is therefore limited to crimes whose concrete penalty is not less than 3 years. As is the case in the criminal records, those data are eliminated from the basis of the same date on which the cancellation has been made final, their sentence, in the criminal record. In addition to identifying criminals, exclusion of innocent or interconnection between different criminal conduct, allowing the deterrence of new offences, these databases have also shown large positive results as regards the identification of missing persons and the international collaboration in identification processes 3. Assumes particular importance still treat the profiles d. n. from unidentified bodies and missing people, so that their civil identification. So are created three main files. One of the files contains data relating to samples provided by volunteers through the provision of free, informed consent, written and revocable, which serves civil and criminal investigation purposes. The other two files, that contain profiles of independent a. d. n. concerning body samples, part of body, or obtained on or in the site collections, through informed consent, informed and written of the relatives (samples-reference) and profiles of the d. n. collected at the sites of the alleged crimes or disappearances, for comparison (samples-problem). In any case the sampling should be carried out through non-invasive method to ensure that the human dignity and the fundamental rights are respected.


To obtain the profile of A. D. N., are used only the markers of a. d. n., not coding, so that only elements of identification and do not produce any health or information on specific hereditary characteristics, so the list of bookmarks to use must be fixed by Ordinance, in accordance with international standards and scientific knowledge on the matter. The database of profiles of a. d. n., is under the responsibility of the National Institute of Legal Medicine. The inclusion, access, interconnection and the Elimination of the information contained in the database of the profiles d. n., is held at INML, under the aegis of the Supervisory Board, and in accordance with the rules laid down in this law. Correlatively, in addition to the rights enshrined in the law of protection of personal data, dedicates a set of mechanisms which could ensure effective transparency of procedures and guarantees of supervision and control by the National data protection Commission. Samples are preserved in the strict limits in which are necessary for the criminal investigation or civil identification in progress, with destruction of samples according to predefined criteria. She was promoted to consulting the National Council of ethics for the life sciences. Was heard the National Commission for Data Protection. 4 So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I General provisions Article 1 subject-matter 1-this law establishes the principles of creating and maintaining a database of profiles of a. d. n., for identification purposes and regulates the collection , treatment and STERING samples of human cells, their analysis and profiling of a. d. n., the methodology of comparison of profiles of a. d. n., extracted from samples, as well as the treatment and conservation of related information in computer-readable form. 2-the database of profiles of the d. b. also serves purposes of criminal investigation. 3-it is expressly prohibited to use, analysis and treatment of any information obtained from the analysis of samples for purposes other than those provided for in article 4.

Article 2 definitions for the purposes of this law: (a)) ' a. d. n. ' deoxyribonucleic acid; b) ' Sample ' means any biological trace of human origin intended for analysis of a. d. n., obtained directly from individual or collected from dead body, corpse, partly in or on the site collection with identification purposes; c) «problem» sample, sample, under investigation, whose ID if you wish to establish; d) «» reference sample, sample used for comparison; 5 e) ' Scorer to. D. N.», specific region of the genome that typically contains different information in different individuals, which according to existing scientific knowledge does not allow obtaining health information or specific hereditary characteristics, abbreviated a. d. n. noncoding; f) ' Profile of A. D. N.», a result of analysis of the sample by means of a. D. N. obtained by scientifically validated techniques and recommended at international level; g) ' personal data ', collection of information, of any nature and irrespective of the holder, including sound and image, relating to an identified or identifiable natural person, including full name, date of birth, hometown, current known residence, the personal identification number (number of identity card, residence permit, passport or other similar use), the affiliation, marital status , sex, race, height, and the existence of physical deformities. h) ' person ' means any identifiable person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to identity your physical, physiological, mental, economic, cultural or social; I) ' profiles file A. D. N.», structured set of profiles of a. d. n. are accessible according to specific criteria; j) ' personal data filing system ' shall mean any structured set of personal data which are accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis; l) ' database of profiles of A.D. N», structured set consisting of the profiles files. D. N. and personal data files with exclusive purposes of identification; m) ' Biobank ' means any repository of biological samples or their derivatives, collected with the exclusive purposes of identification. n) ' the data subject's consent ' shall mean the expression of free will and informed, in the written form, under which the holder agrees that his personal data are processed.

6 article 3 General principles 1-the database of profiles of a. d. n. contains the profile of citizens, foreigners or stateless persons staying or residing in Portugal, being filled gradually phased. 2-the treatment of the profiles of the d. n. and personal data must be carried out in accordance with the principles enshrined under the law governing the protection of personal data, in particular, transparently and in strict respect for the privacy and informational self-determination, as well as by the other fundamental rights, freedoms and guarantees. 3-the treatment of profiles of a. d. n. must take place in strict compliance with the principle of legality and the principles of authenticity, accuracy, univocidade and safety of elements identifying information. 4-Any person has the right not to be subject to a decision which produces legal effects concerning him your legal sphere, or which significantly affects him, taken solely on the basis of a data controller. 5-the collection, maintenance, handling and use of the material integrated into the BioBank must be limited to the purposes described in article 4 Article 4 Purposes


1-for the purposes of this Act, and except as provided in article 23, the analyses of the d. n. aimed exclusively civil and identification purposes of criminal investigation. 2-The civil identification purposes are pursued through the comparison of profiles of a. d. n. relating to samples of biological material collected in person, in body, in part of body or where any collections with those purposes, as well as the comparison of those with existing profiles in the profiles of the d. n.. with the limitations provided for in article 20 3-criminal investigation purposes are pursued through the comparison of profiles of a. d. n., concerning biological material samples taken at crime sites with those of people who, directly or indirectly, they can be associated with a view to the identification of their agents, and with 7 existing profiles in the profiles d. N. with the limitations provided for in article 20 article 5 the competent Entities for the laboratory analysis 1-the competent authorities to carry out sample analysis with a view to obtaining the profile of A. D. N., at national level, for the purposes of this law, are the Forensic Laboratory of the judicial police and the National Institute of Legal Medicine (INML). 2-on a proposal from one of the entities referred to in the preceding paragraph, and with the authorization of the Ministry of Justice and the Ministry governing the proposed laboratory, analysis of the profiles of the d. n., can be performed by other labs. 3-all laboratories undertaking the laboratory testing shall comply with the scientific, technical and organizational requirements internationally established.

Chapter II article 6 sampling sampling in volunteers 1-the database of profiles of a. d. n. referred to in paragraph 1 of article 3, is built, phased and gradual mode, from the sampling in volunteers for what they should pay your informed consent, informed and written. 2-the applicant must address, in writing, your request for competent authorities sampling for laboratory analysis, which, after obtaining the profile of A. D. N., must refer to the INML, to be inserted in the file referred to in point (a)) of paragraph 1 of article 15 3-the accused pending the criminal process can only be understood as a volunteer for the collection of samples that do not involve their use for purposes of criminal investigation.

8 article 7 sampling with civil identification purposes 1-sampling is permitted in body, part of body, on or in the site collections, civil identification purposes by the competent authorities in accordance with applicable law. 2-sampling in people for civil identification purposes, including relatives of missing persons, requires informed consent, informed and written.

Article 8 sampling with criminal investigation purposes 1-sampling in criminal proceedings is performed at the request of the defendant or ordered, ex officio or at the request, by order of the judge, from the Constitution of defendant, pursuant to article 172 of the code of criminal procedure. 2-When there has been sampling in accordance with the provisions of the preceding paragraph, is ordered by order of the trial judge, and after transit, sampling in convicted of felony with penalty of imprisonment of not less than 3 years, although this has been replaced. 3-in case of Declaration of the defendant and could be applied a security measure, in accordance with paragraph 2 of article 91 of the criminal code, the sample collection is performed by order of the trial judge, when there has been sampling, in accordance with paragraph 1. 4-sampling in corpse, cadaver, partly in or on site make searches with criminal investigation purposes, in accordance with the provisions of article 171 of the code of criminal procedure. 5-sampling of a. d. b. made in terms of this article entails delivery, whenever possible, in the very act of document containing the process ID and the rights and obligations resulting from the application of this law and, mutatis mutandis, of the law of protection of personal data. 6-the case of defendant in multiple processes, simultaneous or successive, can be excused the 9 sampling, by court order, have five years have elapsed since the first collection and, in any case, when the collection is unnecessary or impractical.

Article 9 right of information before sampling, the taxable person enjoys the right to harvest information, provided for in paragraph 1 of article 10 of the law of protection of personal data, with the necessary adaptations, to be informed, in writing, in particular: to) that their personal data will be entered in a personal data file, with the exception of data relating to persons referred to in paragraph 1 of article 8; b) About the nature of the data that is extracted from the sample, this is the profile of A. D. N.; (c)) that the profile of A. D. N. is, in the cases allowed by this law, integrated into a profile file to. D. N., with the exception of data relating to persons referred to in paragraph 1 of article 8; d) the possibility of crossing the profile collected with existing ones in the profiles of the d. n., with express mention of the possibility of use of data for purposes of criminal investigation, when applicable; and) that the sample collected can be stored in a BioBank in the cases allowed by this law.

Article 10 collection mode sampling in people is accomplished through non-invasive method, which respects human dignity and the physical and moral integrity, particularly by individual harvesting cells from the buccal mucosa or other equivalent, in strict compliance with the principles and the code of criminal procedure.

10 article 11 principle of contradiction 1-except in cases of manifest impossibility, is preserved a portion enough and enough of the sample for performing counter-analysis. 2-When the amount of sample is limited must be handled in such a way that it does not prevent the counter-analysis.

Article 12 Scope of analysis


1-sample analysis is restricted to only those markers of a. d. n. which are absolutely necessary for your ID holder for the purposes of this Act. 2-the markers. D. N. to integrate the profiles of the d. n. are set, after receiving the opinion of the National Commission for data protection (CNPD), by order of the members of the Government responsible for the areas of Justice and health, in accordance with international standards and scientific knowledge on the matter. 3-in the case that they will be laid down new markers of a. d. n., in accordance with the preceding paragraph, can the profiles of the d. n. of samples be completed.

Article 13 1 Results-identification results from the coincidence between the profile obtained from a sample under investigation and one or more other profiles of the d. n. already entered in the file. 2-for the purposes of the preceding paragraph, the intersection between the profile obtained by the "sample-problem" and the existing profiles at the base, must be carried out in accordance with the legislation on personal data protection. 3-the preceding paragraphs does not dispense, whenever possible, the repetition of the technical procedures, for obtaining the profile of A. D. N., from the samples, for confirmation of results. 4-profiling of A. D. N. and the results of the comparison are your skills valid throughout the national territory. 11 Chapter III section I data base Constitution article 14 database profiles of a. d. n., resulting from the analysis of samples, as well as the corresponding personal data are entered and stored in data files of A.D.N., profiles and personal data files in accordance with the provisions laid down in the following articles.

Article 15 Contents 1-for the purposes of this law, is created a database of profiles of a. d. n., for identification purposes, constituted by: a) A file containing information about volunteer samples, obtained in accordance with paragraph 1 of article 6; b) A file containing the information on the "samples-problem", obtained in accordance with paragraph 1 of article 7; c) A file containing the information on the "reference samples" of missing persons obtained pursuant to paragraph 1 of article 7, or samples from his relatives, obtained in accordance with paragraph 2 of article 7; d) A file containing the information on the "samples-problem", collected in crime scene, obtained in accordance with paragraph 4 of article 8; and) A file containing information about samples, obtained in accordance with paragraphs 2 and 3 of article 8, of sentenced persons in criminal proceedings, by judicial decision which has become final; f) A file containing information about samples of professionals undertaking the collection and analysis of samples. 12 2-the system must ensure that the profiles of A. D. N., and the corresponding personal data are stored in separate logical files and physically handled by different users, through restricted access, encoded and identifying information of users. 3-it is forbidden to include any identification of the owner of the data element in the profiles file. D. N., as well as any type of research.

Article 16 entity responsible for the data base 1-the National Institute of Legal Medicine (INML) is the entity responsible for the database of profiles of a. d. n. and the operations that apply to you. 2-the database of profiles of a. d. n. is headquartered at INML, in Coimbra. 3-the INML, in carrying out the tasks assigned to it by this law, is governed by this if it offers and by regulation of operation of the Profiles database A.D.N., fulfilling the norms on the protection of personal data and the standards relating to fundamental rights, on respect for human dignity. 4-it is the Medical Council-INML Legal drafting the regulation of operation of the database of the profiles d. n. 5-INML activity is overseen by the Supervisory Board.

Article 17 powers of 1 INML-INML is the authority that assigning the processing of data concerning the database of profiles of a. d. n. 2-INML should consult the CNPD for any clarifications regarding the processing of personal data and should fulfill the deliberations of this Committee on this matter. 3-it is the INML, in particular: the) proceed to insert, interconnection, communication and removal of data in the database of the profiles d. n.; b) ensure the right of access to data and information by their holders, the correction of inaccuracies, or omissions, complement the 13 data suppression improperly recorded, as well as ensure that query or communication of information, in accordance with the conditions laid down in this law and in the law of protection of personal data; c) Provide data in the database of the profiles d. n. to persons designated in paragraph 1 of article 19, after verified compliance with the requirements laid down; d) Proceed to the update, correction or modification of the information contained in the database of the profiles d. n.; and) Ensure the conditions for data encryption of the profiles d. n. for the purposes of paragraphs 2 and 3 of article 15; f) decide on complaints concerning access to information relating to records and complaint or appeal under the general terms; g) Proceed to remove the profiles data. D. N., in accordance with paragraph 1 of article 26 section II insert, communication, interconnection and access to data article 18 Data Insertion


1-profiles of a. d. n. resulting from the analysis of samples, as well as the corresponding personal data only are integrated in the profiles of the d. n. through informed consent, informed and written by the holder of the data: a) in the case of sampling, provided for in paragraph 1 of article 6, and paragraph 2 of article 7; b) in the case of samples taken for the purpose of (a) file f) of paragraph 1 of article 15, being the prior consent requirement for the exercise of functions while collection and technical analysis of samples of a. d. n. 2-profiles of a. d. n. resulting from the analysis of samples collected under the provisions of paragraph 1 of article 7 and paragraph 4 of article 8 as well as the corresponding personal data, when available, are integrated in the profiles of the d. n., by order of the competent magistrate within its process. 14 3-profiles of a. d. n. resulting from the analysis of the samples taken pursuant to paragraphs 2 and 3 of article 8, as well as the corresponding personal data, are inserted in the database of the profiles d. n., by order of the trial judge. 4-Is mandatory prerequisite for the insertion of data to maintain the chain of custody of the sample.

Article 19 Data Communication 1-the profiles. D. N., as well as the corresponding personal data recorded in the database of the profiles d. n., are reported in accordance with the law, for the purposes of criminal investigation or civil ID, to the magistrates of the process and the criminal police bodies. 2-2-communication of information contained in the database of the profiles d. no other entities, for the purposes set out in article 23, is subject to a favourable opinion of the Supervisory Board and of the National Commission for Data Protection, in accordance with the Personal Data Protection Act. 3-3-communication is refused when the request is not well founded.

Article 20 interconnection of data within the database of profiles of a. d. N.

1-profiles of a. d. n. obtained from the samples taken in accused, under the provisions of paragraph 1 of article 8, may be crossed with the data contained in the files referred to in paragraph 1 (b)), d) and (f)) of paragraph 1 of article 15 2-profiles of a. d. n. obtained from the samples taken in relatives pursuant to paragraph 2 of article 7, as well as the related profiles "reference samples" of missing persons obtained under paragraph 1 of article 7 may be crossed with the file referred to in point (b)) of paragraph 1 of article 15 3-profiles of a. d. n. obtained from the samples taken in volunteers, pursuant to article 6 , can be crossed with any one of the profiles inserted in the files referred to in paragraph 1 of article 15 4-exceptionally, and through a reasoned application, there may be other data not foreseen 15 intersections in this article, by prior favourable opinion of the Supervisory Board and of the National Commission for Data Protection.

Article 21 data Interconnection within the framework of international cooperation 1-the provisions of this law shall not affect the obligations undertaken by the Portuguese State in international cooperation in the areas referred to in article 4 2-under no circumstances permitted the transfer of biological material.

Article 22 1-third party access is forbidden to third party access to the data contained in the database of profiles of A.D. n., saved the exceptions provided for in this law. 2-Upon written consent of the data subject may access the information contained in the database of the profiles d. n., ascendants, descendants or spouse who with him to live in de facto Union, in accordance with the law. 3-with the permission of the Supervisory Board, and after receiving the opinion of the Medical-Legal Council, may access the information contained in the database of the profiles d. n., after the death of the holder, the presumed heirs, since that show legitimate interest and there is no serious risk of intrusion in the private life of the holder of the information.

Article 23 information for statistical purposes or scientific research 1-the information obtained from the profiles. D. N., can be communicated for the purposes of scientific research or statistics, after irreversible anonymization. 2-the process of irreversible anonymization of the data must be held so that it is no longer possible to identify the data subject, not allowing any type of nominal or alphanumeric search.

16 Article 24 right to information and access to the data from the database of the profiles d. N.

1-everyone has the right to know the contents of the register or registers that you respect. -2 shall apply mutatis mutandis, paragraph 1 of article 11 of law No. 67/98 of 26 October. 3-in the case of the communication of the data to your holder could harm State security, the prevention or criminal investigation, the Supervisory Board is limited to inform the data subject only of the elements contained in the base that does not jeopardise those interests.

Article 25 the correction of any inaccuracies in Any person has the right to require the correction of any inaccuracies, deleting wrongly recorded data and fill possible omissions, under the law of protection of personal data.

Section III profiles of conservation a. d. n. and personal data article 26 profiles conservation a. d. n. and personal data


1-profiles of a. d. n., and the corresponding personal data are:) kept for an unlimited period, when integrated into the file that contains information about samples of volunteers, provided for in subparagraph (a)) of paragraph 1 of article 15, except in the case of the holder to revoke, so expressed, the consent previously held; b) kept for unlimited time, when integrated into the file referred to in point (b)) of paragraph 1 of article 15, being eliminated when it is obtained the identification; c) Stored until there is identification, when integrated into the file 17 provided for in subparagraph (c)) of paragraph 1 of article 15, concerning the profiles. D. N., for "reference samples" of missing persons, as well as those relating to samples from relatives, unless the relatives asked expressly to eliminate your file profile; d) Eliminated, when the sample is identified with the defendant, at the end of the criminal proceedings or at the end of the period of prescription of the criminal procedure, provided for in the criminal code, when integrated into the file created under the provisions of paragraph d) of paragraph 1 of article 15; and) Eliminated, when the sample is not identified with the defendant, passed 20 years after collection, when integrated into the file created under the provisions of paragraph d) of paragraph 1 of article 15; f) disposed of in the same date on which the definitive cancellation of their decisions in the criminal record, when integrated into the file created under the provisions of paragraph e) of paragraph 1 of article 15; g) Eliminated 20 years after the cessation of functions, when integrated into the created file under f) of paragraph 1 of article 15 which contains information about samples of professionals. 2-in the cases referred to in point (d)) of the preceding paragraph, when the term of the criminal proceedings leading to conviction for a felony offense, with traffic, on penalty of not less than three years in prison, the profile of A. D. N., and its personal data, updated, transiting to the file referred to in point (e)) of paragraph 1 of article 15 in accordance with article 8 section IV Database Security article 27 1-information security to the database should be assigned the necessary security guarantees to prevent the query, modifying, deleting, adding, the destruction or data communication for unapproved form by this law. 2-Are monitored with a view to information security: a) The media and their transport to prevent may 18 be read, published, copied, modified or deleted by anyone or by unauthorized way; b) inserting data in order to prevent the introduction, as well as any knowledge, disclosure, modification or deletion of personal data; c) data processing systems, to prevent use by unauthorised persons by means of data transmission facilities; d) access to the data, so that the authorized persons may have access to data that concern the performance of their legal duties; e) data transmission, to ensure that your use is limited to authorized entities; f) the introduction of personal data processing systems, to verify that data was introduced, when and by whom. 3-to maintain the conditions of security and loyalty in conservation and processing of data, the performance of technical functions of collection and analysis of samples of the. D. N., as well as another function equated that involves direct contact with the genetic data, is subject to the provisions of paragraph b) of paragraph 1 of article 18 article 28 1 duty of secrecy-communication or revelation of personal data as well as the profiles. D. N., even if not identified, registered in the database, can only be carried out under the conditions laid down in this law, and in compliance with the provisions of the law of protection of personal data. 2-the process concerning the sampling and to obtaining the profile, as well as by inserting, communication, interconnection and access to the files that contain the profiles of the d. n. or personal data, are obliged to confidentiality even after termination of their functions. 3-Equal obligation falls on the members of the Supervisory Board, even after the expiry of the mandate.

19 Supervisory Board, chapter IV of the profiles Base. D. N.

Article 29 Nature and composition 1-control of profiles Base a. d. n. is made by the Supervisory Board, appointed by the Assembly of the Republic, without prejudice to the supervisory powers of this organ of sovereignty, in accordance with constitutional. 2-the Supervisory Board is an independent administrative authority, with powers of authority, responding just before the Assembly of the Republic. 3-the Supervisory Board consists of three citizens of recognized suitability and on the full enjoyment of their civil and political rights, being incompatible with the pursuit of the activity of a member of the Supervisory Board membership of other boards or committees with oversight functions or control of similar nature. 4-the members of the Supervisory Board are appointed by the Assembly of the Republic, in accordance with the highest average method d'Hondt method, for a term of four years. 5-the members of the Supervisory Board are set out in a list published in series I of the Gazette. 6-the members of the Supervisory Board take possession before the Assembly of the Republic, in the 10 days following the publication of the list referred to in the preceding paragraph, and may resign by written declaration to the President of the Assembly of the Republic, which is published in the series II of the Diário da República.

Article 30 powers and functioning


1-the status of the members of the Supervisory Board ensures the independence of the exercise of its functions and consists of organic law to be published within 6 months after the entry into force of this law. 2-is the competence of the Supervisory Board: 20 a) Authorize the practice of acts, when such is provided for in this law; b) issue an opinion on the regulation of operation of the database, when the same is approved or subject to change, and on any other matter, where to request; c) request and obtain clarifications and information, from the INML, who considers necessary to fully exercise its powers of supervision; d) obtain from the INML and Medical-Legal Council the necessary clarifications on specific issues of functioning of the profiles Base. D. N.; and carry out inspection visits) aimed at reaping elements about the mode of operation of the profiles Base. D. N.; f) prepare reports to be submitted to the Assembly of the Republic, with minimum annual regularity, on the functioning of the profiles Base. D. N.; g) order the President of the National Institute of forensic medicine, the destruction of the samples, in accordance with article 34; h) Issuing instructions on specific issues examined ex officio or as may be placed; I) make suggestions of legislative initiatives on the matter regulated by this law and formulate an opinion whenever is underway some legislative initiative of the same nature; 3-the members of the Supervisory Board receive a fixed remuneration to be determined by joint decree of the members of the Government responsible for the areas of finance, public administration, Home Affairs and justice. 4-the Supervisory Board is headquartered in Coimbra, being human means, administrative, logistical and technical for running the same provided INML, upon transfer of appropriations of the Assembly of the Republic for the latter.

Chapter V Biobank 21 Article 31 1 samples Custody-samples should be stored in a safe place, without possibility of immediate identification of the person. 2-samples are preserved at the National Institute of Legal Medicine, without prejudice to be concluded protocols with other entities that guarantee security and confidentiality conditions referred to in the preceding paragraph, getting these subject to rules and limitations of the present law. 3-except as provided in the preceding paragraph, the samples may not be transferred to other entities.

Article 32 BioBank purposes for the purposes of this Act, the conservation of samples aimed at only contra-análises and analyses needed for purposes of civil identification and criminal investigation.

Article 33 protection of samples 1-the use of samples to obtain the profile of a. d. n. is only allowed to the entities referred to in article 5 2-the entities responsible for the samples must take appropriate measures to: a) prevent access of unauthorised persons to the premises; b) Allow the correct and safe storage of the samples; c) Allow the safe and proper transport of samples to one of the premises of the entities referred to in article 31 3-access to the laboratories, as well as the storage location of the samples, must be restricted to trained personnel, using coded identification and authorization of the responsible for the service.

Article 34 22 destruction of 1 samples-samples are destroyed immediately after obtaining the profile of A. D. N., in the cases of (a)) and e) of paragraph 1 of article 15 2-The samples taken pursuant to paragraph 1 of article 8, may be used as evidence in the proceedings. 3-the samples for the cases referred to in paragraph 1 (b)), c), (d)) and f) of paragraph 1 of article 15, are destroyed, respectively, within the time limit laid down in paragraph 1 of article 26 4-the supervisory board informs the President of the National Institute of Legal Medicine for this order the immediate destruction of the samples, whether they are in their services or registered entity.

Chapter V penalty Provisions article 35 violating the duty of secrecy Who, thanks to the duty of secrecy, in accordance with article 28, reveal or disclose, in whole or in part, information contained in the database of the profiles d. n., is punished under the general terms set out in the criminal code and the law of protection of personal data.

Article 36 Violation of rules on personal data violation of rules concerning the protection of personal data is punishable under articles 35 et seq. and articles 43 and following of law No. 67/98 of 26 October.

Chapter VI supervision and control 23 article 37 Supervision to the CNPD meets check the operating conditions of the database, as well as the conditions of storage of samples for certification of compliance with the provisions relating to the protection of personal data.

Article 38 automated individual decisions under any circumstances is permitted a decision which produces legal effects in the sphere of a person or which significantly affects him, taken solely based on the processing of personal data or the profile. D. N.

Chapter VII transitional and final provisions article 39 Regulation of operation of the A.D.N. profiles Base

The Regulation of operation of the profiles Base. D. N. is approved by the Medical Council-INML Legal within 6 months after the publication of this law.

Article 40 Forensic Laboratory Accreditation the judicial police and the National Institute of forensic medicine, as well as the laboratories referred to in paragraph 2 of article 5, shall adopt the necessary conditions for fulfilment of the requirements established for the area's internationally accredited laboratory for analysis of a. d. n. of their laboratories, in the validation of analyses control procedures, standardization of methodologies and equipment certification.

24 Article 41 entry into force this law shall enter into force 30 days after the publication.

Seen and approved by the Council of Ministers of 24 May 2007 Prime Minister the Minister of Parliamentary Affairs Minister Presidency