A/HRC/15/26
separately. European Union Directive 95/46/EC on the protection of individuals with regard
to the processing of personal data and on the free movement of such data, although
currently under review, is illuminating in that regard: personal data must be adequate,
relevant and not excessive in relation to the purposes for which they are collected and/or
further processed, and kept in a form which permits identification of the data subjects for no
longer than is necessary for the purposes for which the data were collected or for which they
are further processed.13
62.
It seems clear enough as a standard that the retention period should not exceed the
purpose for which personal data and biological samples were collected. However, there are
instances in which retention periods can be long or possibly even indefinite. In particular, in
the context of war crimes, crimes against humanity and genocide it may be necessary to
preserve forensic evidence for a long time and in a manner that protects its integrity.
IV.
Conclusions
63.
This report demonstrates that the use of forensic experts, and in particular the
use of forensic genetics and the voluntary creation of genetic databanks, have a crucial
role to play in identifying victims of serious violations of human rights and
international humanitarian law. The report reveals the need to: (a) raise awareness of
forensic genetics as enabling governments to comply with human rights obligations, in
particular but not exclusively in the missing persons context, and (b) to refer to the
requirement that such efforts be based on objective scientific methods to the maximum
extent possible and ensure respect for human dignity and the protection of human
rights and fundamental freedoms in the collection, processing, use and storage of
human genetic data.
64.
In that light, Human Rights Council resolution 10/26 on forensic genetics and
human rights constitutes a necessary first step to providing guidance on a highly
important and sensitive matter, as it directly refers the issue back to human rights as
the ultimately decisive body of law.
13
16
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