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This study aims to point out the disfunction produced in the application of organic law 10/ 2007, which regulates the police base of identifiers obtained from DNA, in relation to the police obtaining biological samples of detained persons. Because of the compulsory and authomatic nature of the registration of DNA database of suspected, detained or charged reached in the investigation of the crimes predetermined by law, it has been derived a similar automatism in the obtaining of biological samples from the same subjects to obtain the registrable genetic profile, which mainly affects people who are detained. This action could lead to a distortion of the requirements related to informed consent for such obtaining, with infringement of the fundamental right to the protection of data or to informational self determination.

Base policial de ADN y autodeterminación informativa: el consentimiento para la obtención de muestras biológicas