Wider powers to use fingerprints of foreign nationals to trace offenders
The Dutch police and judicial authorities will be given wider powers to use fingerprints of foreign nationals for the detection of crime, according to a letter submitted by Justice Minister Ernst Hirsch Ballin to the Lower House of Parliament today.
These wider powers will help the police and judicial authorities compare fingerprints obtained during the investigation of a crime with fingerprints taken under immigration legislation. The government expects that this will result in the detection of more suspects.
Since the introduction in 2001 of the Dutch Personal Data Protection Act, some very strict conditions apply for the use of fingerprints. Fingerprints may only be compared when there is a reasonable suspicion that the suspect is a foreign national or when the investigation into a serious crime that has deeply shocked the Dutch social order comes to a deadlock or has to come up with results quickly. Due to the strict conditions, the number of matches between fingerprints from unsolved cases and fingerprints from foreign nationals has decreased accordingly. These were the findings of a survey carried out by the National Police Services Agency in 2005. Under the new arrangement, fingerprints may be collected for all serious crimes, i.e. for all crimes that justify pre-trail detention. All other conditions will remain firmly in place. The public prosecutor is still the person responsible for determining whether the conditions for a comparison have been met.
Europe
In his letter, the Justice Minister writes that in addition to the decrease in matches there are also developments within Europe that give rise to a less strict use of the fingerprints conditions. In June, the European Justice Ministers agreed to exchange information on visas and short stays between member states by using a Visa Information System, or VIS. The VIS will include personal data of visa applicants such as information on their fingerprints. Other EU countries such as Germany and the United Kingdom do not attach any conditions to the use of fingerprints from foreign nationals for the detection of crime.
Source: Ministry of Justice, 16 November 2007
