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PROPOSED LAW NO. 144 /X

Exhibition of Motives

The "genetic fingerprint" is the digital printing of modern times.

Progressively, the greater credibility and effectiveness of this method of identification makes

possible that the same will come to be converted into a standard method of identification. By

this, admits the possibility of construction of a database of A. D profiles.

N. from volunteers who, in an enlightened way, accept to integrate their " print

digital genetics " on the basis, for what they will have to give their written consent.

In addition to this, a database of profiles of A. D. N. constitutes an important

auxiliary of the criminal investigation seen that, increasingly, the " fingerprints

genetics " constitute the method of criminal identification par excellence, whose

importance has grown over the past few times, currently being the medium most

suitable for identification.

Since the beginning of the 90, a number of international instances have been advising the

use of the analyses of A. D. N. (deoxyribonucleic acid) in the justice system

criminal and the possibility of the creation of internationally accessible databases

that included the results of those analyses, specifically when they were in

causes crimes against freedom and sexual self-determination-cites to title merely

exemplificatory, the Recommendation R (92) 1 of the Committee of Ministers of the Council of the

Europe, from February 10, 1992. Ora, the analyses of A. D. N. constitute already a

method used on a daily basis in the Portuguese criminal investigation.

Since then, of the work produced, at the level of the European Union, in the framework of the

Council of Europe, as well as within the framework of scientific working groups (Group of

Work of A. D. N. of the E.N.F.S.I. -European Network of Forensic Science Institutes,

EDNAP-European DNA Profiling Group, GEP-ISFG-Spanish Group and

Portuguese of the International Society of Forensic Genetics, or the STADNAP-

Standardization of DNA Profiling Techniques in the European Union) or police officers (by

example, international criminal police organizations such as Interpol and the

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Europol), have resulted in important contributions to the various solutions adopted in

Headquarters of Compari Law.

Thus, all over the world have been already built up databases of A. D. N. profiles, in

several dozen countries. In Europe, the majority of countries have already produced relative legislation

the databases of profiles of A. D. N., with criminal investigation finalities and / or

civilian identification, specifically, in England (since 1995), in Northern Ireland and

Scotland (since 1996), in the Netherlands and 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).

Harvests all these experiences and contributions and solidified the best solutions,

matter now to establish the legal regime of the database of profiles of A. D. N.

Thus, as of the Recommendation No R (92) 1, adopted by the Committee of Ministers of the

Council of Europe, of February 10, of Council Resolution 97 /C 193/02 of 9

of June 1997 and resolution 2001 /C 187/01 of the Council of June 25, 2001,

with respect for the principle of the dignity of the human person, for fundamental rights

enshrined in the Constitution of the Portuguese Republic and the principles of the process

Portuguese penal and the protection of personal data, the basic standards are created

necessary for the creation and use of a database of profiles of A. D. N. while

tool for civil identification and identification in the scope of criminal investigation.

The profiles database of A. D. N. is integrated by diverse files, with rules

specific. One of the files, with purposes of criminal investigation, contains the

profiles of A. D. N., of persons convicted of felony felony in concrete prison sentence

equal to or greater than 3 years (yet it has been replaced), and as long as there is dispatch

of the trial judge determining that insert.

The insertion is therefore limited to crimes whose concrete penalty is equal to or greater than 3

years. To the similarity of what happens in the criminal record, those data are eliminated

from the base on the same date as if it proceeded to the definitive cancellation, of the

respective sentence, in the criminal record.

In addition to the identification of offenders, exclusion of innocents or interconnection between

different criminal conducts, which allows the deterrence of the practice of new

infringements, these databases have also evidenced broad positive results

with regard to the identification of the missing and the international collaboration in

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identification processes. Takes on even particular importance the treatment of profiles

of A. D. N. of unidentified corpses and missing persons, for which to perform

the respective civil identification.

Hence, three other main files are created. One of the files contains data

relating to samples provided by volunteers, upon the provision of consent

free, informed, written and revocable, which serves purposes of civil and criminal investigation.

The other two files, independent of that, contain profiles of A. D. N. relating to

samples of corpse, part of corpse, or obtained in thing or in place where to proceed

the pickup, upon free, informed and written consent of the relatives (amostas-

reference) and profiles of A. D. N. collected at the sites of the presumed crimes or

disappearances, for comparison (sampling-problem).

In any case the sampling should be carried out through method no

invasive in such a way that the dignity of the human person and fundamental rights are

respected.

For the obtaining of the profile of A. D. N., only the markers of A. D. N. are used,

non-coding, so that only identification elements are obtained and not if

get any health information or relative to hereditary characteristics

specific, thus the list of markers to be used must be fixed by porterie, of

agreement with international standards and scientific knowledge on the matter.

The database of profiles of A. D. N., is under the responsibility of the National Institutes

of Legal Medicine.

The insertion, access, interconnection and deletion of the constant data from the base of

data from profiles of A. D. N., is carried out by INML, under the aegis of the Council of

Supervision, and in accordance with the rules laid down in this Law.

Correlatively, in addition to the rights enshrined in the Data Protection Act

Personal, it is devotes a set of mechanisms that are likely to ensure a

effective transparency of procedures and guarantees of surveillance and control by the

National Data Protection Commission.

The samples are retained in the strict limits in which they are required to

criminal investigation or ongoing civil identification, and there is destruction of the

samples according to pre-defined criteria.

The consultation was promoted to the National Council on Ethics for Life Sciences.

The National Data Protection Commission was heard.

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Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Chapter I

General Provisions

Article 1.

Subject

1-A This Law sets out the principles of creation and maintenance of a base of

data from profiles of A. D. N., for identification purposes and regulates collection, treatment

and conservation of human cell samples, the respective analysis and achievement of

profiles of A. D. N., the comparison methodology of profiles of A. D. N., extracted from the

samples, as well as the processing and preservation of the respective information in

computer file.

2-A The database of profiles of A. D. N. serves still research purposes

criminal.

3-It is expressly prohibited the use, analysis and treatment of any kind of

information obtained from the analysis of the samples for purposes other than the

provided for in Article 4.

Article 2.

Definitions

For the purposes of this Law shall be understood by:

a) " A. D. N. ", deoxyribonucleic acid;

b) "Sample", any biological vestiges of human origin, intended for analysis

of A. D. N., obtained directly from person or harvested in corpse, in part of

corpse, in thing or in place where to proceed to collection with purposes of

identification;

c) "Ashown-problem", sample, under investigation, the identification of which is intended

establish;

d) "Ashown-reference", sample used for comparison;

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e) "Marker of A. D. N.", specific region of the genome that typically contains

different information in different individuals, which according to the

existing scientific knowledge does not allow the obtaining of information from

health or of specific hereditary characteristics, abbreviated, A. D. N.

non-coding;

f) "A Profile of A. D. N.", result of an analysis of the sample by means of a

marker of A. D. N. obtained according to scientifically validated techniques and

recommended at the international level;

g) "Personal data", set of information, of any nature and

regardless of the respective support, including sound and image, relative to

an identified or identifiable natural person, which includes the full name,

the date of birth, the naturalness, the current residence known, the number

of personal identification (identity card number, residence card,

passport or other analogue), the affiliation, marital status, sex, race, height and

the existence of physical deformities.

h) "Identifiable natural person", any person who can be identified,

directly or indirectly, specifically by reference to a number of

identification or to one or more specific elements of their physical identity,

physiological, psychic, economic, cultural or social;

i) "Profiling file of A. D. N.", structured set of profiles of A. D. N.,

accessible second determined criteria;

j) "Personal data file", any structured set of personal data,

accessible second determined criteria, whether it is centralized,

decentralized or reparty in a functional or geographical mode;

l) "Base of data of A.D. N profiles", structured set constituted by

a profile files of A. D. N. and personal data files with purposes

unique identification;

m) "Biobanco", any repository of biological samples or their derivatives,

collected with the unique purposes of identification.

n) "Consent of the holder of the data", the manifestation of free will and

informed, in the written form, pursuant to which the holder accepts that his

personal data is the subject of treatment.

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Article 3.

General principles

1-A The database of profiles of A. D. N. contains the profile of national citizens,

foreigners or stateless persons who meet or reside in Portugal, being

filled faseada and gradually.

2-The treatment of the profiles of A. D. N. and personal data shall process

harmony with the principles enshrined in the terms of the legislation regulating the

protection of personal data, in particular, in a transparent manner and in the strict

respect for the reservation of private life and informative self-determination, as well as

for the remaining rights, freedoms and fundamental guarantees.

3-Profiling treatment of A. D. N. shall process in the strict respect of the

principle of legality and, well, by the principles of authenticity, veracity,

univocity and security of the identifiable elements.

4-Any person has the right not to be subject to any decision that produces

effects in your legal sphere, or that affect it in a significant way, taken

exclusively on the basis of a data processing.

5-A collection, maintenance, handling and use of the integrated material in the

biobanco shall restrict itself to the purposes described in Article 4.

Article 4.

Purposes

1-For the purposes of this Law, and save the provisions of Article 23, the analyses of A. D. N.

target exclusively for civil identification and criminal investigation purposes.

2-The civil identification purposes are pursued through the comparison of

profiles of A. D. N. relating to samples of biological material taken in person, in

corpse, in part of corpse or in place where to proceed to pickups with those

purposes, as well as the comparison of those profiles with the existing ones on the basis of

data from profiles of A. D. N.., with the limitations set out in Article 20.

3-Criminal investigation finals are pursued through the comparison of

profiles of A. D. N., relating to samples of biological material taken at sites of

crimes with those of the people who, directly or indirectly, to them may be

associated, with a view to the identification of the respective agents, and with the profiles

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existing in the database of A. D. N. profiles, with the limitations laid down in the

article 20 para.

Article 5.

Competent entities for laboratory analysis

1-The competent entities for the realization of the sample analysis with a view to

obtaining the profile of A. D. N., at the national level, for the purposes of the provisions of the

present law, are the Scientific Police Laboratory of the Judicial Police and the

National Institute of Legal Medicine (INML).

2-Under proposal of one of the entities referred to in the preceding paragraph, and with permission

of the Ministry of Justice and the Ministry that tutorates the proposed laboratory, the analysis

of A. D. N. profiles, can be carried out by other laboratories.

3-All laboratories that proceed to the laboratory analysis must comply with the

internationally established scientific, technical and organizational requirements.

Chapter II

Collection of samples

Article 6.

Collection of samples in volunteers

1-A The database of profiles of A. D. N. provided for in Article 3 (1), is constructed,

in a phased and gradual manner, from the collection of samples in volunteers to the

who must provide their free, informed and written consent.

2-The person concerned shall address, in writing, his / her request for collection of samples to

competent entities for the laboratory analysis, which, after obtaining the

profile of A. D. N., the must refer to INML, in order to be inserted into the file

provided for in paragraph a) of Article 15 (1)

3-The accused in the pendency of the criminal case can only be understood as

volunteer in the collection of samples that do not imply the respective use for

purposes of criminal investigation.

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Article 7.

Collection of samples with civil identification purposes

1-It is admitted to the collection of samples in corpse, in part of corpse, in thing or in

place where to proceed to pickups, with civil identification purposes, by the

competent authorities pursuant to the applicable law.

2-A collection of samples in persons for purposes of civil identification, specifically

on relatives of missing persons, lacks free consent, informed and

written.

Article 8.

Collection of samples with criminal investigation purposes

1-A collection of samples in process-crime is carried out at the request of the accused or

ordered, officiously or the application, by order of the judge, from the

constitution of defendants under the provisions of Article 172 of the Code of

Criminal Procedure.

2-When you have not proceeded to collect the sample in the terms of the number

previous, is ordered, upon dispatch of the trial judge, and after transit in

judged, the collection of samples in convict for felony felony with concrete penalty

of imprisonment equal to or more than 3 years, even though this has been replaced.

3-Should there be a declaration of an inimitability and the accused is applied a measure of

safety, in accordance with Article 91 (2) of the Criminal Code, the sample collection

is carried out upon dispatch of the trial judge, when it is not

proceeded to the collection of the sample, pursuant to paragraph 1.

4-A collection of samples in corpse, in part of corpse, in thing or in place where

whether to proceed to searches with criminal investigation purposes, it takes place accordingly

with the provisions of Article 171 of the Code of Criminal Procedure.

5-A sampling of A. D. N. carried out in the terms of this article implies the

delivery, where possible, in the act itself, of the document of which it consents to

identification of the process and the rights and duties arising from the application of the

present law and, with the necessary adaptations, of the Data Protection Act

Personal.

6-When it deals with defendants in various processes, concurrent or successive, it may

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be dispensed with the collection of the sample, upon judicial dispatch, whenever it does not

have decorated five years since the first collection and, in any case, when

the collection proves to be unnecessary or unviable.

Article 9.

Right of information

Prior to the collection of the sample, the taxable person of the harvest enjoys the right to

information, provided for in Article 10 (1) of the Personal Data Protection Act, with

the necessary adaptations, and shall be informed, in writing, in particular:

a) That your personal data is going to be entered into a data file

personal, with the exception of data relating to persons referred to in paragraph 1 of the

article 8;

b) On the nature of the data that are extracted from the sample, i.e. the profile of

A. D. N.;

c) Of which the profile of A. D. N. is, in the cases admitted to this Act, integrated into

a profile file of A. D. N., with the exception of data relating to persons

referred to in Article 8 (1);

d) From the possibility of cross-profiling collected with the existing ones at the base

of data from profiles of A. D. N., with express mention of the possibility of

use of the data for the purpose of criminal investigation, where applicable;

e) That the sample collected can be conserved in a biobank, in cases

admitted to this Law.

Article 10.

Mode of collection

The collection of samples in persons is carried out by means of non-invasive method, which

respect human dignity and individual physical and moral integrity, specifically

by harvesting of cells of the buccal mucosa or another equivalent, in the strict compliance

of the principles and regime of the Code of Criminal Procedure.

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Article 11.

Principle of adversarial

1-Saved in cases of manifest impossibility, a quite a part is preserved and

enough of the sample for the realization of counter-analysis.

2-When the quantity of the sample is diminished shall be handled in such a way that

do not make it impossible to counter-analysis.

Article 12.

Scope of analysis

1-A analysis of the sample restricts only to those markers of A. D. N. that are

absolutely necessary for the identification of its holder for the purposes of this Law.

2-The markers of A. D. N. to be integrated in the profile file of A. D. N. are fixed,

after opinion of the National Data Protection Commission (CNPD), per portaria

joint of the members of the government responsible for the areas of Justice and Health,

in accordance with international standards and scientific knowledge about the

matter.

3-In the event that new markers of A. D. N. are set to be fixed, according to the

previous number, can the profiles of A. D. N. of the samples be completed.

Article 13.

Results

1-A identification results from the coincidence between the profile obtained from a sample

under investigation and another or other profiles of A. D. N. already enrolled in the file.

2-For the purposes of the previous number, the crossoth between the profile obtained by the " amostra-

problem " and existing profiles on the base, should be carried out in harmony with the

legislation in the protection of personal data.

3-The provisions of the preceding paragraphs do not waive, where possible, the repetition

of the technical procedures, for obtaining the profile of A. D. N., from the

samples, for confirmation of results.

4-A obtaining profiles of A. D. N. and the results of their comparison constitute

valid perices throughout the national territory.

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Chapter III

Treatment of Data

Section I

Constitution of the database

Article 14.

Base of data

The profiles of A. D. N., resulting from the analysis of the samples, as well as the

corresponding personal data, are introduced and conserved in data files

of profiles of A.D.N., and personal data files, pursuant to the provisions of the articles

following.

Article 15.

Content

1-For the purposes of this Law, a database of profiles of A. D. N. is created, for

purposes of identification, consisting of:

a) A file containing the information relating to samples of volunteers, obtained

in the terms of Article 6 (1);

b) A file containing the information concerning "sampled-problem", obtained

in accordance with Article 7 (1);

c) A file containing the information concerning "sampled-reference" of persons

missing, obtained pursuant to Art. 7 (1), or samples of their

relatives, obtained in accordance with Art. 7 (2);

d) A file containing the information concerning "sampled-problem", collected

at a place of crime, obtained in accordance with Article 8 (4);

e) A file containing the information relating to samples, obtained pursuant to the

n. paragraphs 2 and 3 of Article 8, of persons convicted in criminal proceedings, by decision

judicial transitioned on trial;

f) A file containing the information relating to samples from the professionals who

proceeded to the collection and analysis of the samples.

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2-The system shall ensure that the profiles of A. D. N., and the personal data

correspondents are stored in separate logical and physically separated files,

manipulated by distinct users, upon restricted accesses, encoded and

identifications of users.

3-It is vetted the inclusion of any identifiable element of the data holder in the

profile file of A. D. N., as well as any type of nominal research.

Article 16.

Entity responsible for the database

1-The National Institute of Legal Medicine (INML) is the entity responsible for the basis

of a profile data of A. D. N. and the operations that are applicable to it.

2-A The profile database of A. D. N. is based at INML, in Coimbra.

3-The INML, in the performance of the duties assigned to it by this Law, shall be governed by

by what in this one and by the regulation of the operation of the database of

profiles of A.D.N., complying with the standards in personal data protection

and the norms concerning fundamental rights, in respect for human dignity.

4-Compete to the Medical Council-Legal of INML to draw up the regulation of

operation of the database of profiles of A. D. N.

5-A The activity of INML is scrutinised by the Board of Supervisory.

Article 17.

Competences of INML

1-INML is the authority that has as an assignment the processing of data concerning the

profiling database of A. D. N.

2-INML should consult with the CNPD for any clarifications as to the

processing of personal data, and shall comply with the deliberations of this Commission in this

matter.

3-Compete to INML, in particular:

a) Proceed to the insertion, interconnection, communication and removal of data on the basis of

data from profiles of A. D. N.;

b) To ensure the right of information and access to data by the respective

holders, the correction of inaccuracies, or the complement of omissions, the

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deletion of improperly registered data as well as ensuring consultation or

communication of the information, respecting the conditions laid down in this Law

and in the Personal Data Protection Act;

c) Provide data from the profiles database of A. D. N. to designated persons

in Article 19 (1), after having verified the fulfilment of the requirements

established;

d) Carry out the updating, rectification or alteration of the constant data on the basis

of data from profiles of A. D. N.;

e) Ensuring the coding conditions of the profiles data of A. D. N. to

effects of the provisions of Article 15 (2) and (3);

f) Decide on the complaints regarding access to information in matter

of records, and the claim or appeal in the general terms;

g) Proceed to the deletion of the profile data of A. D. N., in accordance with paragraph 1

of Article 26 para.

Section II

Insertion, communication, interconnection and access to data

Article 18.

Insertion of the data

1-The profiles of A. D. N. resulting from the analysis of the samples, as well as the

corresponding personal data, only are integrated into the database of profiles

of A. D. N. upon free, informed and written consent of the holder of the data:

a) In the case of sampling, provided for in Article 6 (1) and paragraph 2 of the

article 7;

b) In the case of samples collected for the purpose of file constitution

provided for in paragraph f) of Article 15 (1), being the prior consent,

condition for the exercise of duties as a collection and analysis technician

of samples from A. D. N.

2-The profiles of A. D. N. resulting from the analysis of the samples collected under the

provisions of Article 7 (1) and Article 8 (4), as well as the corresponding

personal data, when they exist, are integrated into the database of profiles of

A. D. N., upon dispatch of the competent magistrate in the respective proceedings.

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3-The profiles of A. D. N. resulting from the analysis of the samples collected under the

provisions of Article 8 (2) and (3), as well as the corresponding personal data,

are introduced in the database of profiles of A. D. N., upon dispatch of the judge

of judgment.

4-Constitui mandatory assumption for the insertion of the data the maintenance of the chain

of custody of the respective sample.

Article 19.

Communication of data

1-The profiles of A. D. N., as well as the corresponding personal data, recorded in the

database of A. D. N. profiles, are communicated pursuant to the law, to

effects of criminal investigation or civil identification, the magistrates of the

process and the criminal police bodies.

2-2-A communication of the data constant from the profiles database of A. D. N. a

other entities, for the purposes set out in Article 23, is subject to opinion

favourable from the Supervisory Board and the National Commission for Protection of

Data, in harmony with the Personal Data Protection Act.

3-3-A communication is refused when the request is not substantiated.

Article 20.

Interconnection of data within the framework of the database of A. D. N. profiles.

1-The profiles of A. D. N. obtained from the samples taken in defendants, under

of the provisions of Article 8 (1), may be crossed with the data contained in the

files provided for in points b), d) and f) of Article 15 (1)

2-The profiles of A. D. N. obtained from the samples taken in relatives, in the

terms of Article 7 (2), as well as the profiles on " reference sampls"

of missing persons obtained under Article 7 (1), may only be

crusaders with the file provided for in the paragraph b) of Article 15 (1)

3-The profiles of A. D. N. obtained from the samples taken in volunteers, the

Article 6, can be crossed with any of the profiles inserted in the

files provided for in Article 15 (1).

4-Exceptionally, and through reasoned application, there may be others

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data crossings not provided for in this article, upon prior opinion

of the Supervisory Board and the National Data Protection Commission.

Article 21.

Interconnection of data in the framework of international cooperation

1-The provisions of this Law shall be without prejudice to the obligations assumed by the State

portuguese in international cooperation in the fields referred to in the article

4.

2-Under no circumstances is the transfer of biological material allowed.

Article 22.

Access by third parties

1-It is prohibited from third party access to the constant data in the database of profiles of

A.D. N., save the exceptions provided for in this Law.

2-Mediant written consent of the holder of the data, may access the information

constant of the database of profiles of A. D. N. the descendants, ascendants,

spouse or who with him living in de facto union, under the law.

3-Mediating authorization of the Board of Surveillance, and after advice from the Council

Medico-Legal, can access the constant information of the database of profiles of

A. D. N., after the passing of the holder, the presumptive heirs, provided that they show

legitimate interest and there is no serious risk of intrusion into the private life of the holder of the

information.

Article 23.

Information for the purposes of statistical or scientific research

1-A information obtained from the profiles of A. D. N., can be communicated for purposes

of scientific or statistical research, after irreversible anonymisation.

2-The process of irreversible anonymisation of the data shall be carried out in a manner

that it is no longer possible to identify the holder of the data, not allowing any

type of nominal or alphanumeric search.

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Article 24.

Right of information and access to data from the database of profiles of A. D. N.

1-Any person is entitled to know the contents of the registration or records that

respect.

2-It shall apply, with the necessary adaptations, Article 11 (1) of Law No 67/98,

of October 26.

3-In the event that the communication of the data to its holder is able to damage the security of the

State, prevention or criminal investigation, the Board of Surveillance limits-

if to inform the holder of the data only of the constant elements of the base other than

put in question those interests.

Article 25.

Correction of possible inaccuracies

Any person has the right to demand the correction of any inaccuracies, the

deletion of improperly recorded data and the filling of possible omissions,

in the terms of the Personal Data Protection Act.

Section III

Conservation of profiles of A. D. N. and personal data

Article 26.

Conservation of profiles of A. D. N. and personal data

1-The profiles of A. D. N., and the corresponding personal data are:

a) Conserved for unlimited time, when integrated into the file containing

the information regarding samples of volunteers, provided for in the letter a) of paragraph 1

of Article 15, save in the case of the holder revoking, in an express manner, the

consent previously carried out;

b) Kept for unlimited time, when integrated into the file provided for in the

point ( b) of Article 15 (1), being disposed of when it is obtained

identification;

c) Conserved until there is identification, when integrated into the file

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provided for in paragraph c) of Article 15 (1), relating to the profiles of A. D. N.,

referring to "sampling-reference" of missing persons, as well as the

concerning samples of relatives, save if the relatives ask expressly

to eliminate your profile from the file;

d) Eliminated, when the sample is identified with the accused, in the term of the

process-crime or at the end of the maximum limitation period of the procedure

criminal, provided for in the Criminal Code, when integrated into the file created by the

shelter from the provisions of the paragraph d) of Article 15 (1);

e) Dropped, when the sample is not tagged with the defendants, past

20 years after the collection, when integrated into the file created under the

provisions of the paragraph d) of Article 15 (1);

f) Dropped on the same date as to proceed to the final cancellation of the

respective decisions in the criminal record, when integrated into the file created

under the provisions of the paragraph e) of Article 15 (1);

g) Eliminated 20 years after the cessation of the functions, when integrated into the

file set up under the paragraph f) of Article 15 (1) containing the

information relating to samples from the professionals.

2-In cases provided for in paragraph d) of the preceding paragraph, when the term of the proceedings-

crime leads to a conviction for felony felony, with transit on trial, in

penalty equal to or greater than three years ' imprisonment, the profile of A. D. N., and the respective

personal data, updated, transitions to the file provided for in the paragraph e) of paragraph 1

of Article 15, in accordance with the provisions of Article 8.

Section IV

Security of the database

Article 27.

Security of information

1-The data base shall be conferred the necessary security guarantees to

prevent consultation, modification, suppression, adding, destruction or

data communication by form not consented to by this Law.

2-They are the subject of control, with a view to the security of information:

a) The data supports and the respective transport, in order to prevent them from being able

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be read, disseminated, copied, altered or deleted by any person or

by unauthorized form;

b) The insertion of data, in order to prevent the introduction, as well as any

taking of knowledge, dissemination, alteration or unauthorized disposal

of personal data;

c) The data processing systems, to prevent them from being able to be used

by unauthorised persons, through data transmission facilities;

d) The access to the data, so that authorised persons can only have access to the

data that is of interest to the exercise of its legal assignments;

e) The transmission of the data, to ensure that its use is limited to the

authorized entities;

f) The introduction of personal data in the treatment systems, in a manner

check that data has been introduced, when and by whom.

3-To maintain the conditions of safety and fidelity in conservation and treatment

of the data, the exercise of the functions of the technical collection and analysis of samples of

A. D. N., as well as another equating function involving direct contact with the

genetic data supports, is subject to the provisions of the b) of the Article 1 (1)

18.

Article 28.

Duty of secrecy

1-A communication or revelation of the personal data as well as of A. D profiles.

N., even if unidentified, recorded in the database, can only be

carried out in the terms set out in this Law, and in the close compliance of the

constant standards of the Personal Data Protection Act.

2-Those responsible for the process concerning the sampling and obtaining of the

profile, as well as for insertion, communication, interconnection and access to the files

that contain the profiles of A. D. N. or personal data, are required to secrecy

professional, even after the end of their duties.

3-Equal obligation falls on the members of the Supervisory Board, even after

the term of the mandate.

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Chapter IV

Board of Surveillance of the Profiles Base of A. D. N.

Article 29.

Nature and composition

1-The control of the Profiles Base of A. D. N. is made by the Board of Surveillance,

designated by the Assembly of the Republic, without prejudice to the powers of supervision

of this body of sovereignty, in the constitutional terms.

2-The Board of Supervisory is an independent administrative entity, with

powers of authority, responding only to the Assembly of the Republic.

3-The Board of Supervisory is composed of three citizens of recognized

suitability and in the full enjoyment of their civil and political rights, being incompatible

with the exercise of the activity of member of the Board of Supervisory the quality

of a member of other boards or committees with supervisory functions or

control of an analogous nature.

4-Members of the Supervisory Board are appointed by the Assembly of the

Republic, second the method of the highest average of Hondt , for a mandate of

Four years.

5-Members of the Supervisory Board are listed in a list published in Series I

from the Journal of the Republic .

6-Members of the Supervisory Board take office before the Assembly of the

Republic, in the 10 days following the publication of the list referred to in the preceding paragraph,

may waive the mandate upon written declaration, to be submitted to the

President of the Assembly of the Republic of the Republic, to which is published in Series II of the Journal of the

Republic .

Article 30.

Competence and operation

1-The status of the members of the Supervisory Board guarantees the independence of the

exercise of its functions and appear in organic law, to be published within 6 months

after the entry into force of this Law.

2-It is the competence of the Board of Supervisory:

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a) Authorize the practice of acts, when this is provided for in this Law;

b) Issue opinion on the regulation of operation of the database,

when the same is approved or subject to change and, on any other

matter, whenever for this is requested;

c) Request and obtain the clarifications and information, on the part of INML, which

consider necessary to the cabal exercise of its powers of supervision;

d) Get from INML and the Medical Council-Legal the necessary clarifications

on specific issues of operation of the Profiles Base of A. D. N.;

e) Carry out inspection visits aimed at picking elements on the mode of

operation of the Profiles Base of A. D. N.;

f) Draw up reports to be submitted to the Assembly of the Republic, with regularity

annual minimum, on the operation of the Profiles Base of A. D. N.;

g) Order to the President of the National Institute of Legal Medicine the destruction

of the samples, pursuant to Art. 34;

h) Issue instructions on specific issues analyzed officiously or that

be placed to you;

i) Present suggestions for legislative initiatives on the matter regulated by the

present law and issue opinion whenever any initiative is under way

legislative of identical nature;

3-Members of the Supervisory Board shall make a fixed remuneration to

determine by joint dispatch of the members of the Government responsible

by the areas of Finance, the Public Administration, the Internal Administration and

of Justice.

4-The Supervisory Board is based in Coimbra, being the human means,

administrative, technical and logistical for the operation of the same faculty

by INML, upon transfer of appropriations from the Assembly of the Republic to

the latter.

Chapter V

Biobanco

21

Article 31.

Custody of the samples

1-The samples must be kept in safe place, with no possibility of

immediate identification of the person.

2-The samples are conserved at the National Institute of Legal Medicine, without prejudice

of being concluded protocols with other entities that guarantee the conditions of

security and confidentiality referred to in the preceding paragraph, by staying these subject to the

rules and limitations of this Law.

3-Unless the provisions of the preceding paragraph, samples may not be ceded to others

entities.

Article 32.

Purposes of the biobanco

For the purposes of this Law, the conservation of the samples is aimed at only the realization of

analyses and counter-analyses necessary to the purposes of civil identification and

criminal investigation.

Article 33.

Protection of samples

1-A The use of the samples for obtaining the profile of A. D. N. is only allowed to

entities referred to in Article 5.

2-The entities responsible for the samples shall take the appropriate measures to:

a) Prevent the access of unauthorised persons to the premises;

b) Allow the correct and safe storage of the samples;

c) Allow the insurance and correct transport of the samples to one of the facilities

of the entities referred to in Article 31.

3-The access to the laboratories as well as the storage site of the samples,

it should be restricted to the specialist staff, upon coded identification and

prior authorization of the officer responsible for the service.

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Article 34.

Destruction of samples

1-The samples are destroyed immediately after obtaining the profile of A. D. N.,

in the cases of the ( a) and e) of Article 15 (1)

2-The samples taken under the provisions of Article 8 (1), may only be

used, as a probationary medium, in the respective process.

3-The samples referring to the cases provided for in points b) , c ), d ) and f) of paragraph 1 of the

article 15, are destroyed, respectively, in the time limits provided for in Article 1 of the article

26.

4-The Board of Supervisory communicates to the President of the National Institute of

Legal medicine for this order to order the immediate destruction of the samples, whether the

same are in the respective services or in protocoled entity.

Chapter V

Sanctionatory provisions

Article 35.

Violation of the duty of secrecy

Who, thank you for the duty of secrecy, pursuant to Art. 28, reveal or disclose, in the

all or in part, constant information from the profiles database of A. D. N. profiles, is punished

in the general terms provided for in the Criminal Code and the Personal Data Protection Act.

Article 36.

Violation of standards relating to personal data

Violation of the standards relating to the protection of personal data is punished under the terms of the

articles 35º and following and articles 43 and following of Law No 67/98 of October 26.

Chapter VI

Surveillance and control

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Article 37.

Surveillance

To the CNPD meets to check the operating conditions of the database, as well as

the storage conditions of the samples, for certification of compliance of the

provisions relating to the protection of personal data.

Article 38.

Automated individual decisions

In no event is a decision allowed to produce effects in the legal sphere of a

person or to affect it significantly, taken solely on the basis of the

treatment of personal data or profiles of A. D. N.

Chapter VII

Final and transitional provisions

Article 39.

Regulation of operation of the Profiles Base of A.D.N.

The Regulation of the operation of the Profiles Base of A. D. N. is approved by the

INML Medical Board-Legal advice within 6 months after the publication of the present

law.

Article 40.

Accreditation

The Scientific Police Laboratory of the Police Judiciary and the National Institute of

Legal medicine, as well as the laboratories provided for in Article 5 (2), shall

adopt the necessary conditions for the fulfillment of the requirements

internationally set for accreditation of the laboratory area of analysis of A. D. N.

of the respective laboratories, in the seat of validation of analyses, control of

procedures, standardization of methodologies and certification of equipment.

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Article 41.

Entry into force

This Law shall come into force 30 days after the publication .

Seen and approved in Council of Ministers of May 24, 2007

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs