DNA Identification Act

Marginal note:Communication of information

• 6 (1) On receipt of a DNA profile that is transmitted under subsection 487.071(1) of the Criminal Code, subsection 196.22(1) of the National Defence Act or subsection 10(3) for entry in the DNA data bank, the Commissioner shall compare it with the DNA profiles in the data bank in order to determine whether it is already contained in the data bank and may then communicate, for the purposes of the investigation or prosecution of a criminal offence, the following information to any Canadian law enforcement agency or laboratory that the Commissioner considers appropriate:

  • (a) whether the DNA profile is already contained in the data bank; and

  • (b) any information, other than the DNA profile itself, that is contained in the data bank in relation to that DNA profile.

• Marginal note:Authorized users

  (2) Information as to whether a person’s DNA profile is contained in the convicted offenders index may be communicated to an authorized user of the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police.

• Marginal note:Foreign law enforcement agencies

  (3) On receipt of a DNA profile from the government of a foreign state, an international organization established by the governments of states or an institution of any such government or international organization, the Commissioner may compare the DNA profile with those in the DNA data bank in order to determine whether it is already contained in the data bank and may then communicate information referred to in subsection (1) to that government, international organization or institution.

• Marginal note:Communication of DNA profile

  (4) The Commissioner may, on the request of a law enforcement agency in the course of the investigation of a designated offence, communicate a DNA profile contained in the crime scene index to the government of a foreign state, an international organization established by the governments of states or an institution of any such government or international organization.

• Marginal note:Agreement or arrangement

  (5) Subsections (3) and (4) apply only if the Government of Canada or one of its institutions has entered into an agreement or arrangement, in accordance with paragraph 8(2)(f) of the Privacy Act, with that government, international organization or institution, as the case may be, authorizing the communication solely for the purposes of the investigation or prosecution of a criminal offence.

• Marginal note:Unauthorized use

  (6) No person who receives a DNA profile for entry in the DNA data bank shall use it or allow it to be used other than for the purposes of the administration of this Act.

• Marginal note:Unauthorized communication

  (7) No person shall, except in accordance with this section, communicate or allow to be communicated a DNA profile that is contained in the DNA data bank or information that is referred to in subsection (1).