# NSS - 5 As 327/2022-48

- Type: Case Law
- Source: NSS
- Date: 2026-08-26
- Original: https://gdprhub.eu/index.php?title=NSS_-_5_As_327/2022-48
- Canonical: https://overview.legal/posts/353481
- Topics: Special Categories of Data, Identification, Lawful Basis, Genetic Data, Law Enforcement, Criminal Data, Types of Special Categories of Personal Data, Supervision, Controllers, Personal Data

## Summary

A court held that Czech police legislation provides a sufficiently clear legal basis under the Law Enforcement Directive for taking biometric and genetic data from a convicted prisoner for future identification purposes. English Summary. Facts. The controller was the Police of the Czech Republic. The data subject was a man who, in 2003, had been convicted of causing bodily harm and attempted murder committed in a particularly brutal manner and sentenced to 18 years' imprisonment along with

## Full text

A court held that Czech police legislation provides a sufficiently clear legal basis under the Law Enforcement Directive for taking biometric and genetic data from a convicted prisoner for future identification purposes. English Summary. Facts. The controller was the Police of the Czech Republic. The data subject was a man who, in 2003, had been convicted of causing bodily harm and attempted murder committed in a particularly brutal manner and sentenced to 18 years' imprisonment along with mandatory outpatient treatment for alcohol addiction. He had prior criminal convictions. On 17 February 2021, while the data subject was still serving his sentence, a police forensic technician took his fingerprints, collected biological samples capable of revealing genetic information, measured his body and took photographs , relying on § 65 of the Police Act, which allows police to collect such data from persons serving a sentence for an intentional criminal offence, for the purpose of future

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