Legislation Details
- Full Title: Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database
- Law Type: Federal Decree-Law
- Law Number: (39) of 2023
- Issued Date: 28 Sep 2023
- Effective Date: 01 Nov 2023
- Official Gazette: No. 760
- Sector: Security and Safety
- Status: Active
- Number of Articles: 47
- Chapters/Parts: 0
- Amendments: 0
Summary
This Federal Decree-Law regulates the establishment and use of the Federal DNA Fingerprinting Database in the United Arab Emirates. The law aims to respect the dignity and privacy of individuals while enabling the use of DNA evidence for specific purposes such as crime investigation, victim identification, and missing persons cases. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Art. 2) The law has practical implications for businesses and individuals in the UAE, as it outlines the mandatory collection of DNA samples from certain categories of people, the permitted uses of the database, and the penalties for misuse or unauthorized access. It also establishes safeguards around the confidentiality and handling of DNA data. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Arts. 3-20)
What is the scope and purpose of this law?
The purpose of this Federal Decree-Law is to regulate the establishment and use of the Federal DNA Fingerprinting Database in the UAE. It applies to all individuals and entities involved in the collection, analysis, storage, and use of DNA samples and data. The law aims to respect the dignity and privacy of individuals while enabling the use of DNA evidence for specific purposes such as crime investigation, victim identification, and missing persons cases. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Art. 2)
What are the key definitions under this law?
The law provides the following key definitions:
- State: United Arab Emirates (UAE)
- Ministry: Ministry of Interior
- Minister: Minister of Interior
- Concerned Authority: The Authority concerned with DNA Fingerprinting at the General Police Headquarters or the Competent Authority in the Emirate
- DNA Fingerprinting: Fixed Genetic Trait or Pattern that distinguishes each person from another
- Deoxyribonucleic acid (DNA): A biochemical molecular that stores the basic data for cell construction and human development
- Biological Sample: A part of the human body or its biological secretions used to determine its DNA Fingerprinting
- DNA Analysis: Tests and techniques performed on Biological Samples to determine DNA Fingerprinting traits or patterns
- Coding DNA Regions: Areas in the DNA complex that contain instructions for building specific proteins
- Non-Coding DNA Regions: Areas in the DNA complex that do not contain instructions for building specific proteins
- Trace: Any material linked to a Biological Sample found at a crime scene, accident, or other place
- Buccal Swab: Method of taking a Biological Sample containing DNA from inside the mouth
- DNA Fingerprinting Database: Computer system that stores DNA Fingerprinting data
(Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Art. 1)
What are the main obligations and requirements?
The key obligations and requirements under this law include: 1. The Ministry of Interior must establish a "Federal DNA Fingerprinting Database" and issue controls, conditions, and procedures for feeding and using the database. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Art. 3) 2. The data and information related to DNA Fingerprinting in the database must be kept confidential and may only be disclosed in cases authorized by law. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Art. 5) 3. Certain categories of individuals, such as crime suspects and victims, missing persons, and employees handling DNA samples, must provide biological samples for DNA analysis and inclusion in the database. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Art. 6) 4. The Ministry and Concerned Authorities must collect biological samples using buccal swabs or other safe methods, and may only analyze non-coding DNA regions and the sex-determining region. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Arts. 8-9) 5. Biological samples must be preserved and destroyed according to the controls and conditions set by the Minister. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Arts. 10-11)
What licensing, registration, or approval requirements exist?
The legislation does not specify any licensing, registration, or approval requirements under this law.
What rights and protections does this law provide?
The law provides the following rights and protections: 1. It respects the dignity of persons and the sanctity of their private lives. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Art. 2) 2. It ensures the confidentiality of DNA Fingerprinting data and prohibits its disclosure, circulation, or publication except in cases authorized by law. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Art. 5) 3. It limits the use of the Federal DNA Fingerprinting Database to the specific purposes outlined in the law, such as crime investigation, victim identification, and missing persons cases. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Art. 4) 4. It allows for the removal of DNA Fingerprinting data from the database in certain cases, such as after a specified time period or upon the request of the sample owner. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Art. 12)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this law are: 1. The Ministry of Interior, which is responsible for establishing and managing the Federal DNA Fingerprinting Database, issuing controls and procedures, and collecting biological samples. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Arts. 3, 6, 8) 2. The Minister of Interior, who is responsible for issuing resolutions to determine the methods of biological sample collection, the jobs of dangerous nature that require sample collection, and the controls and conditions for preserving and destroying samples. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Arts. 8, 10-11, 18) 3. The Concerned Authority, which is the authority concerned with DNA Fingerprinting at the General Police Headquarters or the Competent Authority in the Emirate, and is responsible for collecting samples and conducting DNA analysis. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Arts. 6, 8-9)
What are the penalties for non-compliance?
The law imposes the following penalties for non-compliance: 1. Temporary imprisonment and a fine of not less than AED 20,000 and not exceeding AED 100,000 for: - Using the Federal DNA Database to prove lineage or kinship without a court ruling - Using the Federal DNA Fingerprinting Database for purposes other than those specified in the law - Disclosing, circulating, or publishing data from the Federal DNA Fingerprinting Database in violation of the law - Modifying or deleting a DNA Fingerprinting, issuing inaccurate data, or concealing its correspondence in bad faith - Destroying biological samples or traces in violation of the law - Using biological samples for purposes other than those stipulated in the law (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Art. 14) 2. A fine of not less than AED 5,000 and not more than AED 20,000 for those mentioned in Article 6(1) who refuse to provide a biological sample without an acceptable excuse. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Art. 15) 3. Imprisonment and a fine not exceeding AED 100,000, or one of these two penalties, for any other violation of the law or its implementing decisions. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Art. 16)
What fees, charges, or financial provisions are specified?
The legislation does not specify any fees, charges, or other financial provisions under this law.
What exemptions or exceptions apply?
The law provides the following exemptions and exceptions: 1. The DNA Fingerprinting of individuals convicted of internal and external state security crimes will not be removed from the Federal DNA Fingerprinting Database. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Art. 12) 2. DNA analysis of biological samples may be conducted on coding DNA regions responsible for determining race, diseases, or phenotypic traits in the following cases: - In implementation of a court ruling - If the samples are unidentified and taken from traces found at an accident or crime scene (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Art. 9)
How are disputes resolved under this law?
The legislation does not specify any dispute resolution mechanisms under this law.
What are the key deadlines and time limits?
The law provides the following key deadlines and time limits: 1. The DNA Fingerprinting of persons mentioned in Article 6(1)(a), (b), and (c) will be removed from the Federal DNA Fingerprinting Database 30 years after the date of the ruling on their crimes. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Art. 12) 2. The DNA Fingerprinting of missing or absent persons mentioned in Article 6(1)(d) will be removed from the database 20 years after their discovery. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Art. 12) 3. The DNA Fingerprinting of unidentified bodies, remains, or human remains mentioned in Article 6(3)(a) will be removed from the database 20 years after their discovery. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Art. 12)
How does this law interact with other UAE legislation?
This Federal Decree-Law references the following related UAE legislation: - The Constitution of the United Arab Emirates - Federal Decree by Law No. (1) of 1972 Concerning the Competences of Ministries and the Powers of Ministers, and Amendments thereto - Federal Law No. (31) of 2021 Promulgating the Crimes and Penalties Law, as amended (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Preamble)
When did this law come into effect?
This Federal Decree-Law was issued on 28 September 2023 and will come into effect on 1 November 2023. (Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database, 2023, Art. 20)
Source Documents
This article analyses Federal Decree by Law Concerning the Regulation of the Federal DNA Fingerprinting Database for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.