Interpreting legislative controls of DNA databases

Abstract

DNA has been extolled as the fingerprint of modern times. Recognizing its usefulness for identification, several countries have implemented national databases containing DNA profiles to assist criminal investigation and other identification related activities. In order to establish DNA databases, herein perceived as information systems, nation states produce legislative controls to regulate the creation and use of the databases. These controls set the base for subsequent operational procedures and safeguards for the proper use of the databases. Acknowledging the information security requirements of DNA databases, this paper reviews the legislative controls that came into being for the regulation of the Portuguese DNA profiles database. The legal documents were analyzed by applying the theoretical and methodological lens of Theory of Action.