Limits and conditions of the collection and recording by law enforcement authorities of biometric and genetic data of persons accused of crimes.

In this article, Prof. Avv. Alessandro del Ninno comments the EUCJ's ruling on Case C-205-2021 where the EU Court of Justice clarifies - in light of the provisions of the Law Enforcement Data Protection Directive (LED) 2016/680 Directive and Regulation 679/2016 ("GDPR") and the mutual relationship between these data protection law texts - when it is licit for the Police Authority to collect and record (as long as not systematically) biometric and genetic data of persons formally charged for a malicious crime indictable ex officio, and when the Judicial Authority may authorize - in light of the principle of effective judicial protection and presumption of innocence provided for in Articles 47 and 48 of the EU Fundamental Charter of Rights,  and albeit at a preliminary stage of investigation - the collection and recording of such data in case of refusal by the data subject to provide them.