Publication: Magyar Közlöny
Issue: MK-2007-147 (Year: 2007, Number: 147)
Era: 2004-2010
Section: 
Paragraph Index: 10

3. Composition and comparison of DNA profiles 3.1 For the purpose of the implementation of article 2 of the Treaty, the DNA reference data which are to be exchanged under the terms of the Treaty are composed of a DNA profile and the non DNA specific data. 3.2 A set of common technical specifications, including matching rules, algorithms and Parties code numbers, as defined in Annexes A, will be implemented and deployed at the national contact points of the Parties and will be applied to all queries and answers related to searches and comparisons of DNA profiles, as referred to in point 3.1. 3.3 DNA profiles will be compared on the basis of shared markers as defined in Annex A.1. Any DNA profile transmitted for automated search or comparison by the requesting Party will be compared with any DNA profile made available by the requested Parties pursuant to article 2 paragraphs 2 and 3 of the Treaty. 3.4 The Parties make use of existing standards such as the European Standard Set (ESS) or the Interpol Standard Set of Loci (ISSOL). 4. DNA requesting and reporting rules 4.1 The query for an automated search or comparison, as referred to in articles 3 and 4 of the Treaty, solely includes the following information: 4.1.1 the Party code of the requesting Party; 4.1.2 the date, the time and the reference number of the query; 4.1.3 the DNA profiles and their non DNA specific data; 4.1.4 the type of DNA profiles transmitted (unidentified DNA profiles or reference DNA profiles). 4.2 The Parties do the necessary so that queries are in full compliance with the conditions imposed by the declarations referred to article 2 paragraph 3 of the Treaty and reproduced in Annex A.3. 4.3 The answer (matching report) to the query referred to in point 4.1 will be sent to the national contact point of the requesting Party in order to determine if a follow-up request may be made. A matching report contains solely the following information: 4.3.1 the indication whether there was one or more matches (hit) or not (no hit); 4.3.2 the date, the time and the reference number of the query; 4.3.3 the date, the time and the reference number of the answer; 4.3.4 the Party code of the requested Party; 4.3.5 the non DNA specific data of the requesting and the requested Party; 2007/147/II. szám 4.3.6 the type of DNA profiles transmitted (unidentified DNA profiles or reference DNA profiles); 4.3.7 in the case of a comparison according to article 4 of the Treaty, the matched DNA profile. 4.4 Automated notification of a hit is only provided on condition that the automated search or comparison has resulted in a match of a minimum of loci as set out in Annex A.1. In the case of a searching according to article 3 of the Treaty, for verification purposes, national contact points of the Parties shall take appropriate measures in compliance with their national law. 5. Communication network for transmission of DNA data The electronic exchange of DNA related data amongst the Parties are deployed by the use of the “TESTA II” communication network according to the technical specifications as set out in Annex A.5. 6. Quality control measures The Parties take appropriate measures to guarantee the integrity of the DNA profiles made available to the other Parties or transmitted for comparison. These measures shall be in compliance with international standards, such as ISO 17025. The forensic aspects of these DNA profiles have to comply with the specifications set forth in Annex A.1. Section 3: Dactyloscopic data 7. Transmission of dactyloscopic data 7.1 For the purpose of the implementation of article 9 of the Treaty, the Parties establish a mutually accessible technical entry to their “automated fingerprint identification systems” (called hereafter “AFIS”). 7.2 The systems mentioned in point 7.1 only include automated dactyloscopic identification systems established for the prevention and investigation of criminal offences. Data from administrative files must not be transmitted. 7.3 The digitalisation of dactyloscopic data and its transmission to other Parties is carried out according to the data format specified in the “Interface Control Document (ICD)” as defined in Annex B.1. Each Party ensures that the dactyloscopic data transmitted by the other Parties can be compared with the reference data of its own AFIS. 2007/147/II. szám 7.4 The references as referred to in article 9 of the Treaty allow the univocal correspondence to a person or a criminal case, as well as the identification of the requesting Party. 8. Search and transmission of results 8.1 The Parties ensure that the transmitted dactyloscopic data is of a suitable quality for a comparison by AFIS. The requested Party checks the quality of the transmitted dactyloscopic data without delay by a fully automated procedure. In case of data being not suitable for an automated comparison, the requested Party informs the requesting Party without delay. 8.2 The requested Party conducts the searches in the order in which requests were received. Requests have to be processed within 24 hours by a fully automated procedure. The requesting Party may, if its national law so demands, ask for an accelerated processing of these searches. The requested Party conducts these searches without delay. If deadlines cannot be met for reasons the requested Party is not responsible, the comparison need to be carried out without delay as soon as the impediments have been removed. 8.3 The requested Party takes care that the system is able to transmit in a fully automated way any hit or no-hit without delay to the requesting Party. In case of a hit, it transmits the dactyloscopic data and the references referred to in article 9 paragraph 2 of the Treaty for all matches between dactyloscopic data.

Source: https://magyarkozlony.hu/hivatalos-lapok/71af3e8e7bfe6152ccbeed7866689568011b12ee/dokumentumok/7cdcb15e2f95425a0ab307ff955c4e3b437fa08c/letoltes