Forensic Geneticists and the Transnational Exchange of DNA data in the EU: Engaging Science with Social Control, Citizenship and Democracy

Project Information

EXCHANGE

Grant agreement ID: 648608

DOI

10.3030/648608

Project closed

EC signature date 7 July 2015

Start date 1 October 2015

End date 30 September 2021

Funded under

• EXCELLENT SCIENCE - European Research Council (ERC)

Total cost

€ 1 838 150,00

EU contribution

€ 1 838 150,00

Coordinated by

UNIVERSIDADE DO MINHO
Portugal

Periodic Reporting for period 4 - EXCHANGE (Forensic Geneticists and the Transnational Exchange of DNA data in the EU: Engaging Science with Social Control, Citizenship and Democracy)

Reporting period: 2019-04-01 to 2021-09-30

Summary of the context and overall objectives of the project

The EXCHANGE project seeks to address the challenges to citizenship, democracy and social control posed by technological systems of surveillance and control of criminality and terrorism. The European Union (EU) has invested in the creation of a pan-European system for the transnational exchange of forensic data between Member States for the purpose of combating cross-border crime, terrorism and illegal migration: the so-called Prüm system, relying on the permanent and automated exchange of information between Member States, namely of DNA profile data, fingerprints, and vehicle registration data. The EXCHANGE project focuses on DNA data insofar as the Prüm Decisions have widened the scope of DNA profiling and databasing as an increasingly important tool for criminal investigation and criminal justice systems. At present, there are 25 operational EU Member States exchanging DNA data.
The exchange of DNA data in the EU aims to strengthen cooperation among Member States in order to fight transnational threats to collective security. While focusing on the role of forensic genetics and technology in the implementation of an ‘area of freedom, security and justice’, the EXCHANGE project investigates the new and old challenges provoked by this scenario to social control, citizenship and democracy in contemporary societies.
The EXCHANGE project adopted a perspective based on science and technology studies (STS) that aims to examine the co-production of science, technology and social order. The project team is also engaged in developing interdisciplinary and ground breaking knowledge, at the intersection of social sciences and forensic genetics. Therefore, one important goal of the EXCHANGE project was to develop and apply innovative theoretical and methodological tools that tackled questions that are relevant to the actors involved in criminal justice cooperation in the EU. Research results might also inform governance and policy-making founded on a respect for human rights, transparency and public trust.

Work performed from the beginning of the project to the end of the period covered by the report and main results achieved so far

The work performed during the lifetime of the project has fully accomplished the objectives and the timeline defined in the Action. This research followed a qualitative and multi-method approach, based on the integrated and coordinated combination of three main research techniques: firstly, the conduction of semi-structured interviews with different professionals whose activity is related with applying forensic genetics to criminal activity, as well as other stakeholders directly involved with these issues. Among the research techniques used in the “Exchange Project”, interviewing was the method responsible for generating the largest bulk of empirical information: in total, 124 interviews were conducted with 140 interviewees from 25 different EU countries . Secondly, this study relied on document analysis from several relevant sources, from legislation and official documents to scientific literature in the domain of forensic genetics. Lastly, the “Exchange Project” involved direct and participant observation in scientific meetings and other relevant situated contexts (such as laboratories and other workplaces of interviewees engaged in the transnational exchange of information occurring within the scope of police and judicial cooperation).


MAIN RESULTS
The topical themes that have emerged from the empirical research and theoretical analysis were the following:
1.Overview of transnational DNA data exchange in the EU, ethical aspects, and regimes of data protection;
2.Forms of criminalization of populations involved in transnational movement within the EU;
3. Criminal cases in the media, and challenges to communication of science, accountability and public participation;
4. Conceptualization of ‘bio-bordering’ and hidden (des)integration of Europe.

Progress beyond the state of the art and expected potential impact (including the socio-economic impact and the wider societal implications of the project so far)

The EXCHANGE project was highly committed to developing theoretical and methodological tools that produce results that serve the purpose of developing interdisciplinary and ground breaking knowledge. The innovative nature of the project activities was fulfilled by conducting theoretical reflection and critical analytical thinking over the following research questions, which allows to achieve progressive results beyond the state of the art:
- What are the main characteristics of the “genetic age” of criminal investigation? Which new and old ways of investigating crime do emerge from the exchange of genetic data (and personal data) at a transnational level? How is Prüm expected to help with criminal investigations and what types of crimes can be solved with the help of Prüm DNA exchange?
- What are the main challenges in trying to implement and achieve the harmonization and stabilization of the uses of DNA technologies in the EU within a scenario where divergences and asymmetries still exist on several levels? What is the role of private companies in supporting the provision of forensic services? Which new types of interactions emerge between laboratories and forensic practitioners on the one hand, and the police forces and the criminal justice system on the other hand?
- How are human rights framed in distinct countries? Which new rights and duties emerge within the transnational data exchange? How is techno-scientific development within forensic genetics accompanied (or not) by due legal, regulatory, and ethical governance?
- How does Prüm facilitate a standardization of forensic genetics – and a mainstreaming of genetic surveillance across European democracies? How do countries with different forensic and democratic cultures respond to it? What do different countries do to address the dilemma of finding transparent and accountable governance solutions to create a balance between the limitation of citizenship and human rights of some on the one hand, and the safety and integrity of the majority of society on the other hand?
- How are citizens and stakeholders affected by societal and ethical implications of DNA technologies and DNA data exchange across the EU? What is the role of the media and how does it shape the public discourse about these technologies?
- Finally, what are the old and new challenges of DNA evidence in the criminal justice system emerging from transnational DNA data exchange? What risks and benefits are perceived taking into account the fact that DNA data travels between labs and criminal justice systems of distinct countries?



The EXCHANGE project addressed issues that are relevant not only for stakeholders involved in criminal justice cooperation in the EU, but to citizens in general. The expected results until the end of the project might also inform governance and policy-making founded on respect for human rights, transparency and public trust. Additionally, and hopefully, the impact of the EXCHANGE project will also be of value for the next generations of scientists. Through this project, it will be possible to promote the intensive training and long-term engagement of early career researchers in the still emerging – but already vibrant – field of social studies of forensic genetics.

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