National 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)). The NICC organises this training day for free and in collaboration with Data Protection Institute.

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 advisors, lawyers and the other actors concerned (e.g. competent magistrates and DNA labs) in the data flow of DNA analysis in criminal matters. In addition, other DPOs,data protection advisors or lawyers 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 analysis in criminal matters.
• The student understands the flow of data on DNA analysis in criminal matters.
• The trainee will be able to distinguish the different actors involved and their role in the data flow on DNA analysis 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 analysis 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, data protection advisor or lawyer.

Didactic approach

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

• 8:30-9:15: Welcome
• 9:15-9:30: Introduction (Jolien Ghyselinck, Appointed for data protection concerning DNA analysis in criminal matters)
• 9:30-11:00: Data Flow Part 1: Police (Annemie Leonaers, Federal Police, Antwerp lab) + NICC Lab (Tom Heylen/Stijn Desmyter)
• 11:00-11:30: Coffee break
• 11:30-13:00: Data Flow Part 2: National DNA Databases, NICC (Beatrijs Vanhooydonck)
• 13:00-14:00: Lunch
• 14:00-16:00: Reflections on Data Protection & Q&A (Ronny Saelens (COC), Cédrine Morlière (DPA), and Jolien Ghyselinck)
• 16:00-16:15: Closing remarks (Pierre Van Renterghem, Director-General NICC & president of the DNA evaluation commission)
• 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. This is coordinated by master of ceremony Peter Berghmans.

Final product

The student receives a certificate, and if a member of the police or judiciary ( police and legal profession (OVB and ‘avocats’)) can also obtain ‘credits’ . In order to get Credits for your training please state your profession at “Vakorganisatie”

The training day is free, but the registration is obligatory. Please inform us if you cannot join unexpectedly via training@dp-institute.eu.

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 & president of the DNA evaluation commission (closing remarks))
• Stijn Desmyter & Tom Heylen (DNA-lab, NICC)
• Beatrijs Vanhooydonck (DIS, NICC)
• Jolien Ghyselinck (appointed for data protection concerning DNA analysis in criminal matters & DPO NICC)
• Annemie Leonaers (Federal Police, lab Antwerp)
• Ronny Saelens (Member-counselor a.i. COC)
• Cédrine Morlière (President of de Belgian Data Protection Authority and director of the Authorisation and Advice service of the Belgian DPA (GBA))

The practical course of the training

See earlier: programme.

The presentations are mainly given in Dutch, but also in French. Translation is provided in Dutch, French but also in English. Please indicate in which language you would like to follow the training day by choosing the right button below.

The students can register digitally and it will take place in the auditorium of the Finance Tower (Botanic Garden) (see below).

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’.  Therefore it is important to specifically write this in the registration form under ‘remarks’. The training day is free, but the registration is obligatory. Please inform us if you cannot join unexpectedly via training@dp-institute.eu.