Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
9 March 2006 [shall come
into force on 6 April 2006];
16 June 2010 [shall come into force on 20 July
2010];
12 May 2016 (Constitutional Court Judgment) [shall come
into force on 12 May 2016];
2 March 2017 [shall come into force on 28 March
2017].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
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The Saeima1 has adopted and
the President has proclaimed the following law:
Law on the
Development and Use of the National DNA Database
Chapter I
General Provisions
Section 1. The following terms are used in this
Law:
1) biological material - parts of human tissue or
organs and body fluids which contain cells with deoxyribonucleic
acid in the nuclei thereof [blood, saliva, semen, sweat, urine,
soft tissue (such as muscles), bones, hair with their the outer
root sheaths of the hair bulbs];
2) biological stains - biological material collected at
the crime scene, at the place of residence of a missing person,
from the victim, person detained, suspected, or accused or
clothes thereof, from a corpse, as well as from other types of
material evidence;
3) DNA - a part of the deoxyribonucleic acid molecule
which indicates the genetic information of identifying features
of a human;
4) DNA profile - a computer-readable result of the
genetic analysis of DNA;
5) genetic analysis of DNA - a scientific analysis of
the biological material to determine the DNA profile of the
sample under examination;
6) reference samples - the biological material taken
from victims, detained, suspected, accused or convicted persons,
from unidentified bodies, biologically close relatives of missing
persons (children, parents) to determine the source of biological
stains, identify a missing person or an unidentified body;
7) information - the given name (names), surname, or
personal identity number of a person, the registration number of
the incident records, the number of the investigatory records
case or criminal case, the name of the institution in which the
incident or case has been registered, and the amount and type of
the biological material.
[9 March 2006]
Section 2. The purpose of this Law is to develop the
National DNA database that can be used to detect criminal
offences, search for missing persons and identify non-identified
bodies (material of a corpse), and also to determine and regulate
the exchange of the results of DNA genetic analysis with foreign
countries and international organisations.
[16 June 2010]
Section 3. (1) It is prohibited to discriminate against
a person in any way in relation to the origin of his or her DNA
and any other data resulting from the genetic analysis of
DNA.
(2) The analysis of reference samples and biological stains
shall be performed by certified experts of the State expertise
institutions with appropriate knowledge and experience of at
least one year in the relevant area.
(3) The analysis of reference samples and biological stains is
permitted only for the purpose of acquiring scientifically
substantiated information.
Section 4. Information on the DNA profiles and
information on persons who are suspected, have been accused or
have been convicted, on unidentified bodies, on persons missing
in the Republic of Latvia and on biological stains shall be
compiled and stored in the National DNA database.
[9 March 2006]
Section 5. The holder of the technical resources of the
National DNA database is the Information Centre of the Ministry
of the Interior.
Section 6. The manager and the holder of the
information resources of the National DNA database is the
Forensic Department of the State Police (hereinafter - the
Forensic Department).
Section 7. The maintenance, use and up-grading of the
National DNA database shall be financed from the State budget
funds provided for such purpose.
Section 8. Information on the citizens and non-citizens
of Latvia convicted in other countries, the foreigners who have
received a permanent residence permit in Latvia, stateless
persons and refugees and information on their DNA profiles shall
be entered in the National DNA database in accordance with the
international agreements binding on the Republic of Latvia.
Chapter
II
DNA Profiles and Information to be Entered in the National DNA
Database
Section 9. If biological stains have been collected at
the crime scene and DNA expert examination has been determined,
the following information shall be entered in the National DNA
database:
1) the registration number of the incident records or the
number of the criminal case;
2) the date when the criminal offence has been committed;
3) the name of the institution which has registered the
incident, criminal case and in the proceedings of which is the
criminal case;
4) the number and type of biological stains;
5) the DNA profile.
[16 June 2010]
Section 10. The following information shall be entered
in the National DNA database on a suspect or a person convicted
or accused of commission of a criminal offence:
1) the given name (names) and surname of the person;
2) the personal identity number (for foreigners and stateless
persons - the date of birth);
3) the nationality and type thereof;
4) the criminal case number (numbers);
5) the name of the institution from which the reference sample
has been taken and the type of the sample;
6) the given name (names) and surname of the person who has
taken the reference sample;
7) the DNA profile.
[9 March 2006]
Section 11. The following information shall be entered
in the National DNA database on an unidentified body (material of
a corpse):
1) the registration number of the incident records or the
number of the investigatory records case or criminal case;
2) the date when an identified body has been found;
3) the name of the institution in the proceedings of which is
the investigatory records case or criminal case;
4) the type of the biological material;
5) the DNA profile.
Section 12. (1) The following information on a missing
person shall be entered in the National DNA database:
1) the given name (names), surname and personal identity
number of the missing person;
2) the given name (names), surname and personal identity
number of biologically close relatives of the missing person;
3) the number of the investigatory records case or criminal
case;
4) the name of the institution in the proceedings of which is
the investigatory records case or criminal case;
5) the DNA profiles of biologically close relatives of the
missing person.
(2) The following information shall be entered in the National
DNA database if biologically close relatives of a missing person
cannot be identified or they refuse to give the reference
samples:
1) the given name (names), surname and personal identity
number of the missing person;
2) the number of the investigatory records case or criminal
case;
3) the name of the institution in the proceedings of which is
the investigatory records case or criminal case;
4) the list of those personal belongings of a missing person
from which the biological material has been obtained;
5) the type of the biological material;
6) the DNA profile.
(3) Close relatives of missing persons shall give the
reference samples and information for entry in the National DNA
database in free will, giving a written consent to the processing
of data in accordance with the procedures specified by the
Cabinet.
Section 13. (1) Collection of biological material and
biological stains, as well as timely provision of the Forensic
Department with information for its entry in the National DNA
database in accordance with the procedures specified by the
Cabinet shall be ensured by:
1) investigative institutions;
2) the Prison Administration;
3) institutions of the Prosecutor's Office;
4) courts;
5) medical treatment institutions or medical
practitioners.
(2) The institutions and persons referred to in Paragraph one
of this Section shall be responsible for collecting biological
material and biological stains and also for the timely provision
of information and the conformity of such information to the
certifying documents thereof.
[9 March 2006]
Section 14. The Forensic Department is entitled to
request and receive the biological material, stains of biologic
origin, DNA profiles and information from the State and local
government institutions free of charge.
Chapter
III
Provision of the Information Entered in the National DNA
Database
Section 15. The DNA profiles and information to be
entered in the National DNA database shall be restricted access
information.
Section 16. (1) The right to receive information from
the National DNA database is given to investigatory institutions
(with the consent of a prosecutor), institutions of the
Prosecutor's Office and courts for the pre-trial criminal
procedures, examination and trial of cases.
(2) In order to receive information from the National DNA
database, a substantiation of the need for the information shall
be indicated in the request.
(3) The information and amount thereof, as well as the
procedures for the examination of the request and provision of
information to be entered in the request and its substantiation
shall be determined by the Cabinet.
(4) The Forensic Department shall inform in writing the
requester of the expert examination of the matches found in the
National DNA database which have been determined in the process
of the DNA genetic analysis of biological material and biological
stains during the expert examination.
[9 March 2006; 16 June 2010]
Section 17. (1) The information entered in the National
DNA database may be provided to foreign law-enforcement
institutions in cases and under the procedures provided in the
international agreements binding on the Republic of Latvia or the
legal acts of the European Union.
(2) A translation into the official language shall be ensured
for the DNA profiles and information received from foreign
law-enforcement institutions.
[16 June 2010]
Chapter
IV
Storage Periods of the DNA Profiles and Information entered in
the National DNA Database
Section 18. (1) The DNA profiles and information on
suspected or accused persons shall be, when criminal proceedings
have been terminated completely or against the relevant person on
the basis of exonerating circumstances or the decision by which
the respective person has been recognised as a suspect or accused
has been cancelled on the same basis and also when a judgment of
acquittal has entered into effect, deleted from the National DNA
database immediately after coming into effect of the respective
ruling.
(2) The DNA profiles and information on convicted persons and
also persons against whom criminal proceedings have been
terminated on the basis of non-exonerating circumstances shall be
stored in the National DNA database for 75 years.
(3) The DNA profiles and information on unidentified corpses
and missing persons shall be stored in the National DNA database
for 75 years or until the moment when the corpse or persons are
identified.
(4) The DNA profiles and information on biological stains
shall be stored in the National DNA database for 75 years or
until the moment when the biological stains are identified.
(5) After the expiry of the storage period, the DNA profiles
and information shall be destroyed, and an act shall be drawn up
thereon.
[16 June 2010; 2 March 2017]
Section 19. When the DNA profile and information of a
person is deleted from the National DNA database in accordance
with Section 18 of this Law, the Forensic Department shall
destroy the biological material sample of the relevant person
that has been handed over to the Forensic Department.
[2 March 2017]
This Law shall come into force on 1 January 2005.
This Law has been adopted by the Saeima on 17 June
2004.
President V. Vīķe-Freiberga
Rīga, 7 July 2004
1 The Parliament of the Republic of
Latvia
Translation © 2023 Valsts valodas centrs (State
Language Centre)