Genetic Data Retention and the Italian Discipline of Acquittal: Database Improvement and the Fundamental Rights of Individual

This paper analyses how DNA sampling and genetic data retention can affect the fundamental rights of the individual. In particular, the author tries to focus on the data deletion in the discipline of the DNA database. In fact, the Italian legal discipline of the acquittal interacts with the regulation of data deletion, with the consequence that individual fundamental rights (i.e. the presumption of innocence, the principle of criminal responsibility based on illicit facts and not on personal qualities and the principle of equality) can be jeopardized by the retention of the genetic profiles in the DNA database.