Fundamental rights regarding forensic databases: Review and analysis of Kuwait's law 78/2015 Articles uri icon

publication date

  • May 2017

start page

  • 79

end page

  • 86

issue

  • 2

volume

  • 43 (2017)

International Standard Serial Number (ISSN)

  • 0377-4732

abstract

  • The development of forensic genetics and the creation of DNA databases for human identification are highly useful tools in criminal investigations; however, the protection of fundamental rights must establish inalienable limits in the application of these advances.

    Law 78/2015 in Kuwait, passed recently, is the first in the world which includes the requirement that all citizens, residents and visitors must provide DNA samples to the authorities to be included in the police database in order to cooperate with the Ministry of Interior.

    This paper studies the characteristics of the DNA regions that are included in the databases and the fundamental rights that may be affected in the process, using Spanish Law as a reference framework. Finally, it analyses Kuwait's DNA law and its implications.