Police Cannot Store Biometrics Indefinitely: ECJ

The European Court of Justice has ruled that the systematic storage of the biometric and genetic data of convicted criminals until their death is a violation of European Union law.

The ruling came in response to a case from Bulgaria, in which a man who was convicted of being a dishonest witness sought to have his biometric records expunged from police databases after serving a one-year suspended sentence. The Bulgarian police refused, asserting that they were allowed under Bulgarian law to maintain the biometric data of all convicted criminals until the latter’s death.

The ECJ ruled that storing someone’s data until death “is appropriate only in specific circumstances which duly justify it,” and said that data storage must be periodically reviewed. That applies even if the data storage is “justified by the prevention, detection, investigation and prosecution of criminal offences or the execution of criminal penalties.”

The ECJ is the highest court in the European Union in matters of EU law. Based in Luxembourg, it interprets EU law to ensure it is applied consistently across all EU member states, providing rulings on legal disputes between national governments and EU institutions. The ECJ also addresses cases brought by individuals, companies, and organizations regarding the application of EU laws, thereby playing a crucial role in maintaining the legal framework and principles underpining the functioning of the EU.

Its decisions are binding on all EU member states, ensuring uniformity and coherence in the application of EU law.

Source: The South African

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January 30, 2024 – by the FindBiometrics Editorial Team