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What it is

Police DNA database for criminal investigations in Spain

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 7 December 2006. Introduced by: Gobierno.

Official title: Organic Government bill regulating the police database of identifiers obtained from DNA.

Follow this law

Source: Congreso de los Diputados, file 121/000117· updated 11 Nov

Automatic summary, not yet reviewed

  1. A single police database is created that brings together the DNA files of the State law enforcement bodies, both to investigate crimes and to identify corpses or missing persons.
  2. Data from suspects, detainees and defendants in serious crimes (life, freedom, indemnity, sexual freedom, physical integrity, violent property crimes and organized crime) can be registered without consent, although the person will be informed in writing of their rights. Patterns from corpses and missing persons are also registered, as well as data from anyone who gives express consent.
  3. Only genetic data revealing a person's identity and sex may be stored, never other genetic characteristics.
  4. DNA analysis can only be done by laboratories accredited by the National Commission for the Forensic Use of DNA, which pass periodic quality controls. Judicial authorization is required to take body samples without consent.
  5. The data can only be used by Judicial Police units and by judicial and prosecutorial authorities to investigate the listed crimes. Data may be shared with authorities of other countries under international treaties, with regional police forces and with the National Intelligence Center.
  6. Data is deleted when the crime's statute of limitations expires, when criminal records are erased, or in any case once a free dismissal or acquittal becomes final. Data of deceased persons is deleted when their death becomes known, and data of unidentified persons is kept while they remain anonymous.

Who it affects

  • Suspects, detainees and defendants in serious crimes, whose DNA profiles can be registered without their consent.: Their identifying genetic data is stored in the database and deleted according to legal deadlines.
  • Families of missing or unidentified deceased persons.: DNA patterns from corpses and missing persons are registered to help identify them.
  • Judicial Police, judges and prosecutors.: They are the only ones who can use the data to investigate the crimes covered.
  • Laboratories that analyze DNA.: They must be accredited by the National Commission for the Forensic Use of DNA; those of the State law enforcement bodies have one year to obtain it.
  • Regional police forces and the National Intelligence Center.: They can receive the data and use it only for the purposes set out in the law.

Words worth knowing

Perfil de ADN (DNA profile)
A set of data obtained from a person's DNA used to identify them, like a fingerprint.
Indemnidad (indemnity of minors)
The right of minors not to be subjected to sexual abuse or exploitation.
Sobreseimiento libre (free dismissal)
A judge's decision closing a criminal case without conviction because there is no evidence against the person investigated.
Auto motivado (reasoned court order)
A written court decision explaining the reasons for the ruling.
Prescripción del delito (statute of limitations)
The maximum time the law allows to prosecute a crime; once it passes, the crime can no longer be punished.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced7 December 2006Someone registers the text in the Congreso.
  2. Admitted12 December 2006The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments15 December 2006Groups propose changes.
  4. Committee28 February 2007A committee goes through the text in detail.
  5. Plenary12 June 2007All 350 deputies vote.
  6. Senate21 June 2007The Senate can pass it, amend it or veto it.
  7. BOE26 September 2007It is published in the Official State Gazette (BOE) and comes into force.
See the 10 official steps on a timeline
Dec 2006Mar 2007Jun 200711. 7 December 2006: Presentación22. 12 December 2006: Comisión de Interior Publicación desde 12/12/2006 hasta 15/12/200633. 12 December 2006: Calificación44. 15 December 2006: Comisión de Interior Enmiendas desde 15/12/2006 hasta 28/02/200755. 28 February 2007: Comisión de Interior Informe desde 28/02/2007 hasta 24/04/200766. 24 April 2007: Comisión de Interior Aprobación con competencia legislativa plena desde 24/04/2007 hasta 22/05/200777. 22 May 2007: Comisión de Interior Dictamen desde 22/05/2007 hasta 12/06/200788. 12 June 2007: Pleno Aprobación desde 12/06/2007 hasta 21/06/200799. 21 June 2007: Senado desde 21/06/2007 hasta 26/09/20071010. 26 September 2007: Concluido - (Aprobado con modificaciones) desde 26/09/2007 hasta 30/10/2007

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Ley Orgánica 10/2007, of 8 October, regulating the police database on identifiers obtained from DNA.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

Read the full method · Report an error