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Cyprus’s Supreme Constitutional Court has ruled that a key police law allowing authorities to collect DNA, saliva, fingerprints, and other evidence from people in detention is constitutional. The unanimous decision clarifies the legal framework for gathering critical evidence in criminal investigations while balancing citizens’ privacy rights.
The case arose when a suspect, arrested over possession of 15 grams of cannabis, refused to consent to a buccal swab for DNA testing. The police sought a court order under Article 25 of the Police Law to collect the sample, prompting a challenge over whether the law violated the constitutional right to privacy.
The Court found that Article 25 does not allow arbitrary or generalized intrusion into personal privacy. Any collection of samples requires either the detainee’s consent or a court-issued order. Judges must consider the seriousness of the alleged crime, reasonable suspicion of involvement, and ensure that any interference is necessary and proportionate.
“The law strikes a balance between the right to privacy and the need to protect public security and order,” the Court said.
Legal experts say the ruling is a milestone, giving law enforcement a clear and legally sound framework to gather vital evidence in serious cases, while ensuring judicial oversight prevents abuse.
