1. Functioning and use of DNA Databases in Poland.
Central Forensic Laboratory of the Police

2. DNA Database
According to the Law on the Protection of Personal Data. The base has been registered with the Inspector General
The file name: DNA Database
Application No /2007
Register No
Date of approval of the application
Registration application with data on databases is available on the website of the Inspector General for Personal Data Protection in the tab e-GIODO /

3. Legal basis Act of 29 August 1997 on personal data protection
(Journal of Laws of 2015 ( 355) as amended),
The Police Act of 6 April art. 21a-e
(Journal of Laws 2014 ( of 2014 (1182) as amended),
Directive No of Chief of Police
of 29 December 2005
on the performance of police duties
associated with running the database
containing information about the results of the analysis of
deoxyribonucleic acid.

4. The DNA database collects and processes information about people (art
The DNA database collects and processes information about people (art. 21a ( 1) (2))
a) people listed under art. 74 and 192a
of the Code of Criminal Procedure,
b) unidentified people and
people trying to hide their identity,
c) unidentified human corpses,
d) evidence of unknown offenders,
e) persons posing a threat referred to
in the Act of 22 November 2013,
f) missing persons,
g) family members of missing persons (art. 15 ( 1) (3a) (c)),
h) minors committing offenses by the law as a crime prosecuted by indictment,

5. Information collected and processed (the Police Act art. 21a ( 2) (2))
in the DNA Database
(the Police Act art. 21a ( 2) (2))
Data concerning persons referred to in art. 21 (2) (1) (a) and (e)-(h) including:
a) names, family names or pseudonyms,
b) names and surnames of parents of these people,
c) date and place of birth,
d) the importance and identification characteristics of an ID document,
e) address,
f) personal identification number PESEL,
g) the nationality and gender.

6. together with the DNA database, samples are collected, e.g.:
Art. 21a ( 3
together with the DNA database, samples are collected, e.g.:
swabs of cheek mucosa,
blood,
hair follicles,
secretion.
in relation to the biological material of human corpse
in the form of tissue samples

7. 20 years for other offenses or for identification purposes;
Art. 21d determines the duration of storage of data and biological samples in the database:
up to 35 years of the suspects, accused or convicted of crimes of XVI-XX, XXV and XXXV Chap. Penal Code and art. 94 (1), persons posing a threat under act of 22 November 2013.
20 years for other offenses or for identification purposes;
Art. 21 e readsd that the commission appointed by the Chief of Police shall remove from the database samples in relation to the following persons:
who were acquitted - immediately after the judgment becomes final
against whom criminal proceedings were discontinued - after a period of prosecution of the offense
against whom criminal proceedings were discontinued conditionally - upon expiry of the prosecution of the offense
in relation to persons and cadavers, whose identity had been established
missing immediately after their finding
persons related to them immediately upon finding missing or after the application for removal;

8. Polish DNA Database
CODIS (Combined DNA Index System) – software designed
to collect, compare and exchange automatically DNA data.
In this system, no personal data are collected,
The Registry - a systematic collection of: directives of the body, electrophoregrams, registration cards of biological samples and DNA profile registration cards, correspondence with police units and law enforcement agencies, and biological samples,
LIMS (Laboratory Information Management System) software dedicated to processing personal data and the management of work in the laboratory of DNA database.

9. Genetic markers
We do not analyze the entire zone of DNA, but only non-coding DNA fragments that vary in length.
MARKERS
Marker 1
Marker 2
Marker 3
Several markers of genetic profile of a person

10. Graphical and numerical representationof a DNA profile (SGM-plus)

11. Use of DNA Databases = Matching DNA profiles
unknown trace – unknown trace
person – person
unknown trace – person
unknown corpse - person =
A person's DNA is inherited from the mother and father, and as such can be used to confirm or rule out the relationship between the victim and their relatives.
comparison of DNA profiles
with relatives' profiles

12. A search of databases 1: 1
A search of a 1: 1 - compliance of the searched profile with profile registered in the Database in all common marked systems;

13. Family search - example 1

14. Comparison of the genetic code
DNA profile
Directive
on the introduction to the Base
No directive
Registration of the profile
in the DNA Database
-systematic search of the Database
Unique search of the Database using a person's profile, unknown trace, the missing person or a relative with the missing person

15. Registration in the Base
Direct registration
person
(art.74 Code of Criminal Procedure)
unknown corpse
uknown person
personal belongings-the missing person
families
DNA
database
Directive +
biological material
Indirect registeration - upon opinion or research report
biological material +
decision
CLKP/ LK KWP/ZMS/ private laboratories
Ordering unit
unknown trace or
unknown corpse
uknown person
families
Directive +
copy of the document
samples
DNA
database

16. Jan Nowak is missing ....
KSIP ID (The National Police Information System)
Data of the missing person
or a relative
of the missing person
commandant's signature
or a person authorized by the commander

17. Legal basis for automaticexchange of DNA data
Decision 2008/615/JHA of 23 June 2008 on stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime
Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on stepping up cross-border cooperation, particularly in combating terrorism and cross-border crime (contains an attachment specifying the technical and administrative aspects of the implementation of Decision 2008/615/ JHA)
…known as "Decisions from Prüm"
AT, BE, DE, ES, NL, FR, LU 17

18. The DNA data exchange within the framework of Prüm
Ensuring mutual online access to national DNA databases,
Currently running in 21 EU countries - BG, CY, DE, ES, EE, FR, LV, LT, LU, HU, NL, AT, PL, RO, SI, SK, FI, SE, CZ, MT, BE,
Poland started the exchange in January 2013, currently17 connections. 18

19. National Contact Point
Technical Contact Point for automatic exchange of DNA data
art. 145j of Police Act
Central Forensic Laboratory of the Police
Department of biology ul. Iwicka 14, Warsaw
Tel: /
Fax:
Contact person: Jakub Mondzelewski
National Contact Point for transmission of further data after obtaining HIT
art. 4 and 5 of the Act on the exchange of information between law enforcement authorities of EU Member States
Office of International Police Cooperation of the National Police HQ Division for Coordination of International Information Exchange
Contact Points Service Section
ul. Puławska 148/ Warsaw
Tel: / fax:
Contact person: Łukasz Boczkowski 19

20. National regulations Prüm
National bodies authorized to exchange information:
1) The Internal Security Agency;
2) Central Anticorruption Bureau;
3) Police;
4) Customs Service;
5) The Border Guard;
6) Authorities of fiscal control;
7) Military Police.
Provisions adapting national legislation to the provisions of the Prüm decisions introduced by the Act of 16 September 2011 on the exchange of information with the law enforcement authorities of the Member States of the European Union. The Act came into force on 1 January 2012.
Art. 1 (2) of the Act lists the authorized entities in the UK, which in order to detect crime can request the NCP to verify a profile in foreign DNA databases and after noting HIT apply to receive additional information from the foreign partner:
1) The Internal Security Agency;
2) Central Anticorruption Bureau;
3) Police;
4) Customs Service;
5) The Border Guard;
6) Authorities of fiscal control;
7) Military Police.
This Act amended the Police Act. Under the new wording of art. 20, Police in order to carry out statutory tasks is able to obtain and use information from law enforcement authorities of EU Member States and INTERPOL, as well as to transmit information, including personal data, to these authorities. Furthermore, the article described a list of data possible to share such as DNA profiles and fingerprint data, names, date and place of birth, address, physical characteristics, aliases, photos, sketches, descriptions, image etc. 20

21. The rules on mutual exchange of DNA data
The EU Member States ensure access to reference data stored in national DNA databases,
Reference data shall only include DNA profiles established from the non-coding part of DNA and its reference (no other personal information and information about the case).
Member States are free to decide that DNA profiles will be available for automatic searches.
Automatic search in DNA databases through (Technical) National Contact Points according to the rule MATCH / NO HMATCH (no central DNA database).
After approval of a match, transmission of further personal data and information about the case on the basis of national regulations including the provisions on legal aid (the second step of the procedure). 21

22. The rules on mutual exchange of DNA data
Compatibility of exchanged DNA data with the European Standard Set of Loci (ESS) or the Interpol Standard Set of Loci (ISSOL);
Compliance of DNA profiles labeling with ISO 17025(Implementation of the EU Council Framework Decision 2009/905 / JHA 30 November Currently, 7 Forensic Laboratories have accreditation);
The compatibility of national law with European directives on the protection of personal data;
Electronic transmission of encrypted data over a secure network s-TESTA;
Search result within up to 15 minutes, 24/7; 22

23. The procedure for mutual searches of DNA data
Qualification of DNA profiles to searches within the Prüm
checking in the national DNA database
right amount of Loci (min. 6 of the 7 ESS + EU Council Resolution 2009 / C 296/01 dated )
obtained in an accredited laboratory (Framework Decision 2009/905 / JHA of )
lack of repetition, identified traces, mixtures;
lack of profiles, whose further data will not be available.
Types of searches:
- mass comparison – 2 countries each scour all unknown traces
- Mutual transfer of new or modified profiles of people and traces
- Single search requests 23

24. Diagram of automated data exchange
Match PL trace - trace EU / trace PL - person EU Verification by CLKP (Technical Point of Contact) Information to the unit recording the trace The unit submitting the request to the Department for Coordination of International Information Exchange of the Office for International Police Cooperation (contact officer KWP)

25. Diagram of automated data exchange
Match person PL - trace EU re-determination of a person's profile / verification Information to the Department for Coordination of International Information Exchange of the Office for International Police Cooperation (only in case of inquiries from EU partner) unit

26. 26

27. 27

28. The DNA data exchange within the framework of Interpol
Interpol DNA Profile Search Request
DNA Database
NCB Switzerland
DNA Database
NCB United Kingdom
Department for Coordination of International Search of the Office of International Police Cooperation of the National Police HQ (missing people, corpses, families).
DNA profiles of countries with which Poland is not operating within the framework of Prum and profiles subject to family checks can also be exchanged via Interpol
There are 192 Interpol member states and if they have police DNA database, they can be searched .
To do this you need to send via a contract officer of a regional police hq to the the Office of International Police Cooperation a completed Interpol DNA Profile Search Request Form asking to search DNA profiles
The profile on the form is filled in by an expert at biological research (similar to the national DNA profile registration grid, the profile on the Interpol homozygotes should be entered into both boxes at a given system)
Indicate the categories of the profile and the country in which it has to be checked and how often.
Depending on the type of checks, the completed form should be sent to:
- the Department for Coordination of International Information Exchange of the Office of International Police Cooperation of the National Police HQ (traces)
Department for Coordination of International Search of the Office of International Police Cooperation of the National Police HQ (missing people, corpses, families).
DNA Database
profile in the form is filled in by an expert at biological research
defining the profile's category
designation of countries in which the check is to be made
the possibility of making checks based on kinship
NCB Norway 28

29. DNA profile check form - Interpol
On the left side, there is the currently used form of Interpol - Version 2
there is also a version 3 of the form, which soon will become effective on the right
In version 3 at the bottom you can see a family tree, in which it will be easier to locate the profile of a relative of a missing person

30. The number of profiles registered in the DNA data collection
As of
PERSONS
48769
TRACES OF UNKNOWN OFFENDERS
6455
CORPSES OF UNIDENTIFIED PERSONS
1005
MISSING PERSONS
319
UNIDENTIFIED PERSONS OR PERSONS HIDING THEIR IDENTITY 30
PROFILES OF RELATIVES OF MISSING PERSONS
1647 (1027 FAMILIES)
IN TOTAL
58225

31. Matches in the DNA Database
National MATCHES
Type of matches / Year
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
person-trace 7 13 41 55 30 61 63 71
141
104
trace-trace 6 15 23 47 59 88
person-corpse 3 4
corpse- corpse 1
family-corpse 31 45

32. Statistics of automatic data exchange within Prum Quality 1:
Sum
Trace (PL) / Person (UE)
Trace (PL) / Trace (UE)
Person (PL) / Trace (UE)
Person (PL) / Person (UE)
Slovakia 52 10 8 12 22
the Netherlands
197 20 28 71 78
Lithuania 41 4 3 6
Austria
316 43 40 82
151
Spain 39 11 7 14
Romania 2 1 5
Germany
1415
113
123
498
681
Slovenia 15
the Czech Republic
130 18 13 17
France
205 57 73 58
Finalnd
Cyprus
Hungary
Latvia
Estonia
Sweden 98 53
Malta
2534
299
246
804
1185

33. Examples of matches
Criminal and Investigation Division of the Municipal Police HQ Gdańsk - case of a murder of a 86-year-old woman corpse revealed Forensic laboratory of the Regional Police HQ Gdańsk — marking of profiles of 2 unknown perpetrators one-time Database search Match with a profile of a person with a known identity - registration for the case of theft of property (2 cell phones)

34. Examples of matches
Department for fight crime against property the Municipal Police HQ Legnica Registration of a profile of an unknown trace - theft with burglary to an ATM ( r.) No matches profiles with profiles of unknown traces and individuals registered in the Polish Base Match with the profile of an identified person registered in the German Base

35. Examples of matches
police station VII Krakow (all registrations) Person's profile (reg ) Profile of an unknown trace in a case of theft with burglary (reg ) Profile of an unknown trace in a case of theft with burglary of a car (reg ) Profile of an unknown trace in a case of theft with burglary of a car (reg ) Profile of an unknown trace in a case of theft with burglary of a car (reg )

36. Use of DNA database in the identification of unknown corpses
missing person
-Białogard
unknown corpse
-Hajnówka
unknown corpse
-Warsaw
Blazej N year-old student living in Konstantynów Łódzki got lost on 4 March 2006.
He studied at the High School of Computer Science in Lodz. In the morning as usual, he went out of the house to the university. After two days, they found his briefcase on Powiśle in Warsaw. After he got lost, it turned out that he had trouble at the university. In December 2013, the Central forensic Laboratory of Police received a profile of an unknown corpse exhumed by a unit from Nowy Dwor Mazowiecki in order to be put in the DNA database.
After comparing the realistic profile of the missing, the above-mentioned unknown corpse was identified. After additional analysis, the unknown corpse was identified and the serach part of the case was finished.
Anna K. from Zamość got lost in She was 17. In March 2014, a unit of the Warsaw garrison sent a biological sample from an unnown corpse found in 1991 in order to determine the profile and the introduce it to the DNA database. In September, parents' profiles were marked. After searching the DNA database using parents' profiles, the above-mentioned unknown corpse was identified.
After checking the circumstances and additional analyzes, the above-mentioned unknown corpse was identified and the serach part of the case was finished.
missing person
-Jasienica
missing person
-Zamość
unknown corpse
-Kraków

37. Use of DNA
database
; 22h00 - a young man went out of the house, since then he has not established contact with the family,
– disclosed body of a man (intrusion under an oncoming train),
3. July registration in the Base of material taken from the mother and sister of the lost man - match.

38. Use of DNA
database
In 1992 a man escaped from a welfare facility for the mentally ill,
April 2015 — registration of the profile of an unknown man in the Base,
July 2015 — mother's profile is registered in the Database - match.

39. Thank you for attention!
Central Forensic Laboratory of the Police
Department of Biology
ul. Iwicka 14, Warsaw
Tel:
Fax: