Oireachtas Joint and Select Committees

Wednesday, 12 March 2014

Select Committee on Justice, Defence and Equality

Criminal Justice (Forensic Evidence and DNA Database System) Bill 2013: Committee Stage

10:20 am

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael) | Oireachtas source

I move amendment No. 23:


In page 122, between lines 28 and 29, to insert the following:
“Purposes for which data may be processed115. (1) Subject to subsection (3), data supplied by the national contact point of a designated state under section 104, 105 or 110 may be processed only where it is necessary to do so for any of the following purposes:
(a) comparing DNA profiles or dactyloscopic data, as the case may be, under those sections to ascertain whether there is a match between them;
(b) providing responses, in an automated way or by such other means as is permitted by the relevant European Union or international instrument, to that national contact point in relation to searches or comparisons under those sections;
(c) if appropriate, entering a note of a match of DNA profiles in the DNA Database System under section 104(3) or 105(4);
(d) recording the supply and receipt of the data under section 118*.
(2) Data supplied by the national contact point of a designated state shall, if not previously destroyed, be destroyed immediately after the provision of a response referred to in subsection (1)(b) in relation to the data, unless further processing of the data is necessary —
(a) in connection with a request for assistance under Chapter 3 of Part 5 of the Act of 2008 if a match of DNA profiles or dactyloscopic data, as the case may be, was found, or
(b) for the purposes of recording the supply and receipt of the data under section 118*.
(3) Data received by a national contact point pursuant to section 106(2), 107(3) or 111(2) may be processed only for the following purposes and otherwise shall be destroyed immediately after they are received:
(a) if a match of DNA profiles or dactyloscopic data, as the case may be, is found, preparing and making a request for assistance under section 77 of the Act of 2008;
(b) if appropriate, entering a note of a match of DNA profiles in the DNA Database System under section 106(3) or 107(4);
(c) recording the supply and receipt of the data under section 118*.”.

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