DNA Identification Act

Marginal note:Removal of access to information — crime scene index

• 8.1 (1) Access to information in the crime scene index shall be removed from that index without delay if the information relates to a DNA profile derived from a bodily substance of

  • (a) a victim of a designated offence that was the object of the relevant investigation; or

  • (b) a person who has been eliminated as a suspect in the relevant investigation.

• Marginal note:Other indices

  (2) Access to information in relation to a DNA profile in the victims index, the missing persons index, the relatives of missing persons index, the human remains index or the voluntary donors index shall be removed from that index without delay if the Commissioner is advised that

  • (a) the person from whose bodily substances the profile was derived wishes to have access to the information removed; or

  • (b) the comparison under this Act of the profile with other profiles will not assist in the investigation with respect to which the profile was obtained.

• Marginal note:Periodic removal

  (3) After each period prescribed by regulation, access to information in relation to a DNA profile in the victims index, the missing persons index, the relatives of missing persons index or the voluntary donors index shall be removed from that index without delay unless the Commissioner is advised before the end of the period, by any investigating authority that the Commissioner considers appropriate, that

  • (a) the investigating authority has not been advised by the person from whose bodily substances the profile was derived that they wish to have access to the information removed; and

  • (b) the comparison under this Act of the profile with other profiles may assist in the investigation with respect to which the profile was obtained.

• Marginal note:Subsequent DNA profile

  (4) Removal of access to information in relation to a DNA profile of a person from an index under this section does not prevent a DNA profile derived from the bodily substances of the same person, and any information in relation to that profile, from subsequently being added to any index in accordance with this Act.

• Marginal note:Regulations — requirements

  (5) The removal of access to information under any of subsections (1) to (3) shall be done in accordance with the requirements set out in any regulations that apply with respect to that subsection.