Patterns of exchange of forensic DNA data in the European Union through the Prüm system

Recovery of integrated and surface trace DNA from illicit drug tablets

In many parts of the world, tablets are a commonly encountered form of illicit drug preparation. Whilst previous research has investigated the feasibility of detecting trace DNA on illicit drug capsules, this has not been performed for tablets. Tablets have a unique substrate surface and therefore the amount of DNA transferring to them and persisting on them may be different to capsules; there may also be differences in the collection efficiency and the outcome of downstream DNA processing and analysis steps. The ability to profile the DNA from individuals who handled tablets during their preparation and distribution would add another level of discrimination between various drug seizures or corroborate chemical profiling outcomes which may link various seizures to a common origin. DNA from two different individuals (male and female) was added to the tablets in two stages. Firstly, tablet powder was spiked with DNA from one individual to mimic the situation where DNA traces are incorporated during the drug synthesis or final drying stages. The powder was then pressed into tablets in a clean environment without intentional addition of DNA. Subsequently, a second individual counted out the tablets into bags of ten to mimic the preparation for distribution at a user level. The exterior of the tablet was swabbed and then the entire tablet and the swab were put through separate DNA extractions, yielding two DNA extracts for each tablet. Swabs of the exterior tablet surface yielded single source DNA profiles that identified the tablet handler in 100 % of samples. The tablet extract yielded the donor of the DNA intentionally added within the drug powder in 80% of samples with varying levels of support, however contributions of the exterior handler were detected in 60 % of samples. The identification of individuals potentially involved in the synthesis of the drugs compared to the distribution of the tablets will provide invaluable strategic intelligence related to illicit drug investigations and to law enforcement agencies.

Establishment of a national DNA database in the Republic of Serbia: Legal aspects and implications for the future

Forensic DNA databases have been established in the vast majority of European countries and represent an essential personal identification instrument in the criminal justice system. The implementation of suitable legislation and accompanying legal practice is an imperative to ensure sensible use of the DNA repository, without interfering with the rights, freedoms and privacy of individuals and their families. Thus, the complex matter of DNA databank effectiveness and intrusiveness is a delicate balancing act, which has resulted in diverse database governing regimes among different countries. In 2018, the National Assembly of the Republic of Serbia passed the first Law on the National DNA Register, which was created by the Ministry of Interior. This short and imprecise regulation was announced without prior consultation with professional stakeholders or the public, resulting in controversy. In this article, we examine essential questions pertinent to launching a forensic DNA database through the lens of the new Law on the National DNA Register in the Republic of Serbia and in comparison to the other European approaches and guidelines to regulating forensic DNA repositories. We further discuss the resulting legal, social and ethical implications and concerns and propose future actions intended to improve the legal framework. We believe that stimulating such discussions throughout the scientific and professional community will result in the advancement of DNA profiling and databasing in a future European Union member state and, more generally, the manner in which biological data are managed in various countries, particularly those that are developing.

Risks and benefits of transnational exchange of forensic DNA data in the EU: The views of professionals operating the Prüm system

Under EU Law, Member States are compelled to engage in reciprocal automated forensic DNA profile exchange within the so-called Prüm system. Presently, 25 operational EU Member States exchange DNA data within the Prüm system to combat terrorism and cross-border crime. This article discusses the perceived risks and benefits of the Prüm system on the basis of a set of 37 interviews conducted in 22 EU countries, with 47 professionals operating the system (the National Contact Points - NCPs). The perceived benefits relate to the intensification of tools for combating transnational criminality; development of standardisation and harmonisation of forensic DNA testing procedures; and reinforcement of professional cooperation. The perceived risks are associated to the possibility that individuals may be prosecuted on the basis of false positives; the lack of available data to measure the effectiveness of the Prüm system; and the different modus operandi of police forces and judicial authorities. Our results reveal that perspectives on the risks and benefits of the Prüm system significantly vary according to the type of work performed by the NCPs. Our data shows a more complex range of perceived benefits and risks than those suggested in previous studies about the Prüm system.

The Prüm Decisions as an Aspirational regime: Reviewing a Decade of Cross-Border Exchange and Comparison of Forensic DNA Data

The automatic exchange and comparison of DNA data between national databases to combat terrorism and cross-border crime in the EU area has been facilitated by the 2008 Prüm Decisions. While it was anticipated that all EU Member States would have fulfilled the requirements by August 2011, this has not yet occurred. Once each Member State has implemented the Prüm Decisions, which is expected to occur by spring or summer 2019, the EU Commission is planning on submitting a legislative proposal to amend the Prüm Decisions, possibly broadening its scope both in terms of types of data exchanged and the number of countries involved. Therefore, it is a timely place to review the available literature on the existing data on the cross-border exchange and comparison of DNA. However, due to the limited amount of available data regarding the Prüm regime's contribution to combating crime and terrorism, this article reviews national DNA databases' contribution to national criminal justice systems before it turns to the Prüm regime. Outlining how Prüm represents an "aspirational regime" focused on a secure and safe future, we draft recommendations directed towards rendering cross-border exchange of DNA data more transparent and accountable.

Trends in forensic DNA database: transnational exchange of DNA data

The transnational exchange of forensic DNA data has become a modern trend in fighting cross-border crime, terrorism and illegal immigration. Forensic DNA data allow the police to identify, eliminate or link individuals associated with a crime. Additionally, different crime scenes can be linked via the DNA profile to identify serial offenders or determine crime patterns. Approaches to the transnational exchange of DNA data can be categorized into four: (1) creation of an international DNA database, (2) linked or networked national DNA databases, (3) request-based exchange of data, and (4) a combination of these. Most countries operate the combination system of data exchange. This paper briefly introduces the different approaches in the transnational sharing of forensic DNA data, the legislative and operational framework, pattern of data exchange and participating states, and policy challenges associated with data sharing. Generally, most DNA exchange systems are modelled as the European Union Prüm regime. This operates under two stages: hit/no-hit query and further information sharing. The scope of the data exchange is governed by individual national legislation that determines the type of information that can be shared and the national authority responsible for the system. Though DNA data exchange has been instrumental in resolving serious crimes such as gang and serial rape, and armed robbery, adequate information about their overall effectiveness and efficiency is lacking. Further, operational, legal and ethical challenges including issues of privacy and proportionality appear to limit the full potential of the DNA data exchange system.