Training day DNA testing in criminal matters & data protection (NICC)

General description

The DNA Act on DNA testing in criminal matters was amended in March 2024. In addition, there are still many uncertainties about this specific matter, both in terms of definitions (e.g. what exactly is a DNA profile?) and the data flow and the actors involved (e.g. who does what?). In addition, the Data Protection Officer in DNA testing in criminal matters should provide the necessary data protection training with regard to the DNA labs and the service that manages the DNA databases in criminal matters (DIS at the National Institute of Criminalistics and Criminology (NICC)). In this context, the initiative was taken to shape this training.

The legislation has specific requirements regarding the complete data flow from DNA sampling by police forces to the analysis and report to the competent magistrate. Various actors are involved, such as the CSI teams of the police, the experts of the DNA labs, including at the National Institute of Criminalism and Criminology (NICC), as well as the national cell of the Federal Public Prosecutor’s Office.

This training aims to provide an overview of the complete flow of data on DNA testing in criminal matters and the actors involved. In addition, the various (legal) protection measures for the protection of personal data are set out, as well as the necessary reflections to be in conformity with the data protection provisions.

Why take this training

• To be able to distinguish between the different concepts used in DNA testing in criminal matters (e.g. DNA BE code, DNA sample, DNA profile, etc.)
• To understand the complete flow of data from DNA testing in criminal matters and to be able to distinguish the different actors and their role in it.
• To understand the data protection measures that are legally enshrined and to be able to make the necessary data protection reflections regarding DNA testing in criminal matters and more generally the processing of special categories of personal data (GDPR, Article 9).

Target group

The focus is on the DPOs, the data protection advisers and the other data subjects (e.g. competent magistrates and DNA labs) in the data flow of DNA testing in criminal matters. In addition, other DPOs or data protection advisers are welcome to gain more insight into the processing of special categories of personal data (GDPR, Art. 9).

Learning objectives

• The student understands the terminology/definitions of DNA testing in criminal matters.
• The student understands the flow of data on DNA testing in criminal matters.
• The trainee will be able to distinguish the different actors involved and their role in the data flow on DNA testing in criminal matters.
• The student knows what data protection measures have been (legally) taken to ensure the protection of personal data in the context of DNA testing in criminal matters.
• The student can make the necessary data protection reflections in the context of processing special categories of personal data (GDPR, Article 9) and advise on this as a DPO or data protection advisor.

Didactic approach

A full training day will be provided. First version of the program:

• 9:15-9:30: keynote (COC/GBA or DG NICC )
• 9:30-11:00: police + DNA lab NICC
• 11:00-11:30: coffee break
• 11:30-13:00: DIS (National DNA Databases, NICC) + National Cell
• 13:00-14:00: lunch
• 14:00-16:00: data protection & Q&A (appointed for data protection DNA investigation in criminal matters & DPO NICC + police/justice )
• 16:00-16:15: closing remarks (COC/GBA or DG NICC )
• 16:15-18:00: network drink

The intention is that in the morning each actor explains part of the data flow from their role and clarifies their role. In the afternoon, we will discuss on the one hand the protective measures that are taken (legally) as well as other data protection reflections on the data flow of DNA testing in criminal matters. There is also an opportunity from the students to ask questions (via Q&A), as well as networking opportunities. In this way, the students are challenged to think along and exchange ideas with the lecturers and/or fellow students. Perhaps all this is coordinated with a master of ceremony/moderator.

Final product

The student receives a certificate, and if a member of the police or judiciary (IGO, police and legal profession (OVB and ‘avocats’)) can also obtain ‘credits’ (to be further developed)

How to Prepare Yourself

The student should at least have some notions about what data protection entails.

The teacher(s)

Several teachers (see earlier, proposal of programme) are involved.

Teachers that are confirmed:

• Pierre Van Renterghem (DG NICC en voorzitter van de DNA-evaluatiecommissie (keynote of closing remarks))
• Stijn Desmyter & Tom Heylen (DNA-labo, NICC)
• Beatrijs Vanhooydonck (DIS, NICC)
• Jolien Ghyselinck (aangestelde voor de gegevensbescherming & DPO NICC)
• Annemie Leonaers (Federale Politie, labo Antwerpen)
• Ronny Saelens (COC) (keynote of closing remarks)
• GBA
• More TBA

The practical course of the training

See earlier: programme.

The students can register digitally and it will take place in the auditorium of the Finance Tower (Botanic Garden) (see below). It is intended that this training is organized free of charge, so the students do not have to pay for it.