
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.