Investigative genetic genealogy in Europe: Why the “manifestly made public by the data subject” legal basis should be avoided

Investigative genetic genealogy has emerged as an effective investigation tool in the last few years, gaining popularity, especially after the arrest of the Golden State Killer. Since then, hundreds of cases have been reported to be solved thanks to this novel and promising technique. Unsurprisingly, this success also led law enforcement authorities in the EU to experiment with it. However, there is an ambiguity on which legal basis in the EU data protection framework should be used to access the personal data of genetic genealogy database users for investigative purposes, which may put the legality and legitimacy of investigative genetic genealogy in Europe at stake. Accordingly, this article examines whether the “manifestly made public by the data subject” legal basis enshrined in Article 10(c) of the Law Enforcement Directive could be used for such purposes. Based on its analysis, the article argues that this legal basis cannot be used for such purposes, given that the personal data in question are not “manifestly made” “public”, and they are not disclosed “by the data subject” in all cases. Therefore, the article concludes by suggesting a way forward to ensure the lawfulness of this investigation method in the EU data protection framework.

Authors

Institutions

Publication Details

Journal
Computer law & security review
Published
2025-01-10
DOI
https://doi.org/10.1016/j.clsr.2025.106106
Citations
3
Primary Topic
Law, AI, and Intellectual Property
Type
article
Field-Weighted Citation Impact
7.44
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Investigative genetic genealogy in Europe: Why the “manifestly made public by the data subject” legal basis should be avoided

Taner Kuru
3 citations
Computer law & security review
Law, AI, and Intellectual Property
7.44
article

Investigative genetic genealogy in Europe: Why the “manifestly made public by the data subject” legal basis should be avoided

Taner Kuru
article en
3 citations

Abstract

Investigative genetic genealogy has emerged as an effective investigation tool in the last few years, gaining popularity, especially after the arrest of the Golden State Killer. Since then, hundreds of cases have been reported to be solved thanks to this novel and promising technique. Unsurprisingly, this success also led law enforcement authorities in the EU to experiment with it. However, there is an ambiguity on which legal basis in the EU data protection framework should be used to access the personal data of genetic genealogy database users for investigative purposes, which may put the legality and legitimacy of investigative genetic genealogy in Europe at stake. Accordingly, this article examines whether the “manifestly made public by the data subject” legal basis enshrined in Article 10(c) of the Law Enforcement Directive could be used for such purposes. Based on its analysis, the article argues that this legal basis cannot be used for such purposes, given that the personal data in question are not “manifestly made” “public”, and they are not disclosed “by the data subject” in all cases. Therefore, the article concludes by suggesting a way forward to ensure the lawfulness of this investigation method in the EU data protection framework.

Computer law & security reviewVol. 56
Tilburg University (NL)
Openalex Percentile: Top 4%
Law, AI, and Intellectual Property
7.44
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Investigative genetic genealogy in Europe: Why the “manifestly made public by the data subject” legal basis should be avoided — Taner Kuru · Computer law & security review (2025) | TGRS Research Map | TGRS