EU police can store biometrics with no time limit if processing rules followed

Law enforcement agencies can store biometric and genetic data from convicts and suspects in accordance with national and European laws, the Court of Justice of the EU (CJEU) has ruled. In addition, national law does not need to provide for a maximum period of storage “if it sets appropriate time limits for a review of the need to store those data,” the judgement notes.

The court case first started in the Czech Republic where a person identified only as JH objected to the identification procedure deployed by the local police. JH was questioned by the Czech police in 2016, during which officers took the suspect’s fingerprint and a genetic sample.

Despite being convicted by the court in Prague for several offenses, including misconduct in public office, JH filed a lawsuit in 2017 alleging that the police identification procedure constituted an “unlawful interference with his fundamental right to respect for private life.”

The suit escalated to the EU Court of Justice, which ruled in favor of the police on Thursday.

The court case was based on Directive 2016/680 of the European Union law, which states that processing the personal data of natural persons must respect fundamental rights and freedoms.

The judgment clarifies that the Directive does not preclude national legislation that permits the collection of biometric and genetic data of people accused or suspected of committing criminal offences. The law also permits the existence of national legislation under which the police assess the need for continued storage of biometric and genetic data.

The EU Court of Justice also added that convicts or suspects must have guaranteed rights and that “controllers must be required to comply with all of the principles and the specific requirements applicable to the processing of sensitive personal data.”

The decision was reached by the Fifth Chamber of the Court.

Article Topics

biometric data  |  biometric identifiers  |  data storage  |  Europe  |  law enforcement  |  legislation