Biometric personal data and their use in the investigation of criminal offences

- “defendants” includes data on accused persons whose indictment has been sent to court;

- “previously convicted” - data on persons who were released from prison and served a sentence for an intentional crime and in respect of whom the criminal record has not been removed;

- “released from serving a sentence with probation” - data on persons given a non-custodial sentence;

- “administrative supervision” - data concerning previously convicted persons for whom administrative supervision has been established on the basis of a court ruling on the initiative of the police or in places of deprivation of liberty;

- “formal supervision” - data on previously convicted persons who have not been sentenced to imprisonment, as well as persons in respect of whom the term of administrative supervision has expired, and the criminal record has not yet been repaid (removed);

- “mentally ill” - data on persons with severe mental disorders and diseases and at the same time registered in health care facilities;

- “prostitutes” - data on persons who have been brought to administrative responsibility for prostitution;

- “Involved in ITN” - data on persons who have committed offences related to illicit trafficking in narcotic drugs and psychotropic substances;

- “delinquent child” - data on children who are on preventive registration and in respect of whom accounting and preventive cases are conducted;

- “domestic abuser” - data on persons who have committed domestic violence and against whom a formal warning has been issued that such violence is inadmissible.

The specified subsystem has a reference-informational purpose. The use of the data contained in it ensures the verification of information about individuals and the establishment of their location. Thus, law enforcement officers, if they find information about a person in a particular category of the “person” information subsystem, receive approximate information about them, which in turn contributes to the correct qualification of the event.

The information subsystem “Wanted” contains data on persons evading pre-trial investigation, trial, serving sentences, missing persons and other categories of persons wanted. By its purpose, this subsystem is operational-search and contains information about persons who have been or are subject to criminal liability, as well as missing persons. At the same time, the information subsystem “Inquest” contains data on persons hiding from the authorities, unidentified corpses, missing persons, persons who cannot provide any information about themselves due to their health or age. Data in the specified subsystem is formed by categories, for example, “unknown child”, “unidentified corpse”, “unknown patient”.

The information subsystems “Wanted” and “Inquest” are interrelated due to the features of the objects of record. Thus, the same object can be in both information subsystems at the same time, e.g. a person evading serving a criminal sentence is counted in the IS “Wanted” and the same person as an unknown patient is counted in the IS “Inquest” (if in the process of evading serving the sentence, there was a traffic accident that resulted in the person being admitted to hospital without consciousness or identity documents). Therefore, in the process of entering information into these information subsystems, cross-validation of data is mandatory.

An electronic registration card is created for each registered person in the information subsystems “Person”, “Wanted” and “Inquest”. It records personal data of the person, citizenship, place of registration and actual residence, passport data, type and amount of the last sentence and articles of the Criminal Code of Ukraine under which such is assigned; date of release from the place of deprivation of liberty (if a penalty related to deprivation of liberty was imposed); category of registration and basis of registration of the person; date of registration of the person for preventive registration; registration number and date of material; type of offence and articles of the Criminal Code of Ukraine; brief plot (place, time and brief description of the circumstances of the offence, the nature of violent actions, motives, other information collected concerning the offence); additional information about the person, that directly characterise their lifestyle, and so on.

The information subsystem “Dactyloscopic record” contains data with dactyloscopic information and is an electronic array of fingerprint card indexes that are compiled in relation to persons detained on suspicion of committing offences, unidentified corpses and persons who cannot provide any information about themselves due to illness or age. Thus, the data of the specified subsystem contains fingerprint card indexes of persons registered in other information subsystems.

Access to information contained in the information resources of the Information Portal of the National Police of Ukraine is limited. Authorised users may use such data within the limits of their functional responsibilities and the level of access provided to them. In total, there are four levels of access to IPNP data, which provide for searching or viewing information, and one level for entering information into information resources. Each user can only have one level of access to search or view.

Information from the information subsystems of the IPNP in the form of extracts is provided at the official requests of the prosecutor's office, pre-trial investigation, court, operational divisions of the National Police of other regions, officials of state authorities and law enforcement agencies of other states [33, p. 123].

CONCLUSIONS

The study found that biometric data is important in organising pre-trial investigations, as it facilitates the identification of an individual. At the same time, their active use also creates new threats to the security of both the state and the individual, and can also cause new organisational and legal problems, primarily regarding the collection and storage of biometric data and ensuring their confidentiality. It is indicated that biometric data should be divided into two groups, where the first group includes information related to body characteristics (physical or physiological features of a person), and the second - information related to human behaviour (any behavioural characteristics that are unique to a person and therefore can be identified). It is proved that the collection, processing and use of biometric personal data for use in the pre-trial investigation of criminal offences must meet the following requirements:

1) the owner of the database of biometric personal data should only be the state represented by a special state body. Accordingly, the state should ensure the storage and protection of biometric personal data;

2) physically, the media (servers) that store the database with biometric personal data must be located on the territory of the state, as this is a matter of national security;

3) the state may allow individuals to use a limited amount of biometric personal data to carry out their statutory activities only with the written consent of the persons who identify such data, and without the possibility of copying and accumulating them.

These types of biometric personal data are subject to state registration with the possibility of their use in the process of pre-trial investigation of criminal offences. It is concluded that the creation of a single automated information and analytical system of accounting for biometric personal data in the system of law enforcement and permitting authorities will create conditions for solving important tasks, namely:

1) to ensure the collection of complete information about objects with the formation of an “electronic profile” of potential offenders, identification and analysis of existing links with other objects and events of a criminal and illegal nature;

2) to record the social activity of persons who become involved in criminal proceedings, the emergence and change of their networks, and to analyse the degree of interest in them;

3) to improve the planning of investigative (search) actions and secret (search) actions, taking into account the complex set of numerous factors that affect the development of a particular investigative situation;

4) to form a set of methodological recommendations based on the analysis of a constantly updated array of all investigative situations and options for their development.

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