The Dutch focus on DNA in the criminal justice system: net-widening of judicial data

Abstract

This article deals with the specific Dutch focus on the gathering and use of DNA in criminal proceedings, as we believe that the developments in the Netherlands are of interest for other countries and regions. An overview is given of the very substantial and recent changes in Dutch DNA legislation in the area of criminal procedure. Attention is paid to the object and purpose of DNA investigations, to the applicable procedural thresholds and to the due process standards. Of particular interest is the circle of persons who can be submitted to DNA sampling and their rights under human rights standards and the storage of DNA profiling. The article also contains an analysis of the European dimension exchanging DNA data under the EU Prüm regime.