The Cyprus Supreme Court, on 3 April 2026, annulled two District Court of Nicosia orders permitting the collection of DNA and fingerprints from three suspects. The court found that Article 25 of the Police Law (N. 73(I)/2004), under which the orders were issued, does not comply with EU Directive 2016/680 or the EU Charter of Fundamental Rights.
Background of the case
The two applications, heard together due to similar legal issues, concerned orders dated 10 and 11 July 2025. The first allowed the collection of saliva samples, while the second authorised the taking of fingerprints. The suspects were lawfully detained in connection with serious ongoing investigations.
The District Court had justified the orders on the grounds that the samples would be compared with genetic material and fingerprints allegedly found on items in the suspects’ possession, purportedly as part of a group. The Supreme Court noted, however, that the law under which the orders were issued does not require such justification.
EU law and proportionality concerns
The applicants argued that Article 25 violates Articles 8 and 10 of EU Directive 2016/680 and Article 52 of the EU Charter of Fundamental Rights, which take precedence over national law. These provisions mandate that the processing of personal, genetic, and biometric data by authorities must be strictly necessary, legally grounded, and proportionate.
The Supreme Court agreed, emphasising that the national law contains no provisions specifying the purpose, necessity, or proportionality of processing suspects’ personal data. The court noted a “complete absence of reference” to the need to justify requests for processing such data in line with EU standards.
Supreme court decision
The court concluded that Article 25 of the Police Law fails to meet EU legal requirements, and the mere invocation of the Directive and Charter by the lower court could not correct this deficiency. As a result, the Supreme Court issued a Certiorari order and annulled both lower court orders.
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