Facts
The complainant Z. was charged in 2001 with suspicion of multiple sexual acts with children. In the course of the criminal proceedings, a buccal swab (WSA) was taken from him to create a DNA profile. The complainant requested the destruction of the WSA and the DNA profile, which was rejected. The complainant filed a constitutional complaint with the Federal Court against this decision.
The Federal Court had to examine whether the creation and storage of the DNA profile in the criminal proceedings were admissible. The complainant argued that the taking of the WSA and the creation of the DNA profile violated his personal freedom and that the storage of the DNA profile was not necessary.
Considerations
1. Admissibility of the Administrative Court Appeal
The Federal Court first examined whether the administrative court appeal was admissible. It came to the conclusion that the administrative court appeal against rulings in the field of criminal prosecution is generally inadmissible, but there is an exception when it comes to data protection.
2. DNA Profile Information System
The Federal Court explained the DNA profile information system and its purposes. It found that the system serves to compare DNA profiles of suspected persons and crime scene traces to clarify and prevent crimes.
3. Legal Basis
The Federal Court examined the legal basis for the creation and storage of DNA profiles. It found that the creation and storage of DNA profiles are based on § 76 CrimPC/BS and…