Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

28.

Entry of DNA profiles of volunteers in reference index of DNA Database System

28. (1) A member of the Garda Síochána not below the rank of sergeant may, at the time a sample is taken under section 27 or at any time thereafter, inform a volunteer from whom the sample is being, or was, taken, other than—

(a) a protected person,

(b) a child, or

(c) a victim, or a person reasonably considered to be a victim, of the offence, or incident that may have involved the commission of an offence, being investigated,

that he or she may consent to the entry of his or her DNA profile generated from the sample in the reference index of the DNA Database System.

(2) A member of the Garda Síochána or an authorised person shall inform a volunteer to whom subsection (1)applies of the following before the DNA profile in respect of the volunteer may be entered in the reference index of the DNA Database System:

(a) that the volunteer concerned is not obliged to consent to his or her DNA profile being entered in the reference index of the DNA Database System;

(b) the effect of the entry of the DNA profile in that index of that System; and

(c) that the sample taken under section 27 from the volunteer concerned may be destroyed if not previously destroyed, and his or her DNA profile entered in the reference index of the DNA Database System may be removed from that System, in accordance with Part 10.

(3) A volunteer referred to in subsection (1)shall consent in writing before his or her DNA profile may be entered in the reference index of the DNA Database System and, if he or she so consents, his or her DNA profile may be entered in that index of that System.