Police Powers to Take and Retain DNA Samples in the Qatari Law: A Comparative Study

Abstract

Chapter 1 of Pt 1 of the Protection of Freedoms Act 2012 introduces a new regime governing the destruction, retention and use of fingerprints, footwear impressions, and samples and the DNA profiles derived from such samples. The purpose of the article is to explain and examine the new regime in all its complexity and, in particular, to assess whether it is compliant with the European Convention on Human Rights (ECHR). The research shows that the 2012 Act does not afford adequate privacy protection to innocent individuals, adding pains to an already coercive process without due justification. In Qatar, the DNA Profiling Act regulates the police powers to take and retain DNA samples. The Act should be amended to comply with human rights requirements as enshrined in the Qatar Constitution 2004, in particular the right to privacy.

Keywords: DNA, Privacy, Police Powers, The Protection of Freedoms Act 2012, The DNA Profiling Act 2013.