Muscat: Oman's new Biometric Law marks a significant advancement in the criminal justice system, streamlining the process from crime detection to conviction. This law enhances the collection and analysis of evidence, contributing to the prompt resolution of criminal cases.
This law positively affects the speed of evidence gathering and investigation. Moreover, biometric identification aids in the early detection of intellectual disabilities, such as Down syndrome, contributing to their resolution and thereby enhancing the rights of persons with disabilities. The Biometric Law will introduce new tools and procedures for law enforcement, investigators, and judicial authorities to achieve true justice in criminal matters.
AUTHENTICITY IN EVIDENCE
The Royal Oman Police clarified that biometrics are defined as measurable, distinctive characteristics used to identify a person from others. Similarly, genetic fingerprints are identified by the biological traits or genetic patterns of highly variable non-encoding DNA regions resulting from DNA analysis, which are unique and consistent between individuals, except in cases of identical twins.
The significance of the Biometric Law lies in its facilitation of identifying crime perpetrators and victims quickly, serving as reliable evidence in judicial entities. It establishes a crucial reference for information and data related to individuals with criminal records, accelerating their apprehension and presentation to justice. The law aligns with the goals and responsibilities of the Royal Oman Police as stipulated in Article 11 of the Police Law, which includes maintaining public order and security, protecting lives, property, and honor, preventing and controlling crimes, and keeping up with scientific advancements in various biometric fields (facial, iris, fingerprint, and genetic). The Royal Oman Police is responsible for collecting biometric and other fingerprints, with all data and systems being confidential and protected by law. This law also imposes criminal protection for violations of biometric data confidentiality, and its executive regulation will organize the collection of biometric fingerprints, data preservation, sample collection, storage, and destruction.
Regarding the law's impact on existing legislation, the Royal Oman Police explained that the Biometric Law complements Article 11 of the Police Law issued by Royal Decree No. 90/35, which empowers the Royal Oman Police to maintain public order, decency, protect lives, honor, and property, prevent crimes, and take necessary investigation and evidence-gathering measures. It also aligns with the Criminal Procedures Law issued by Royal Decree No. 99/97 regarding investigation and evidence collection assigned to judicial police officers.
HUMAN RIGHTS
Dr. Rashid bin Hamad Al Balushi, head of the Oman Human Rights Commission, stated that the Biometric Law aligns with human rights and promotes fair trial principles, where the presumption of innocence is an international human right under the Universal Declaration of Human Rights and relevant international treaties and conventions. Additionally, biometric identification facilitates early detection of intellectual disabilities, such as Down syndrome, contributing to their resolution and enhancing the rights of individuals with disabilities.
The law is among the most significant modern topics related to evidence in the criminal field, highlighting the critical role of science in identifying crime perpetrators, making biometric evidence a trusted method for uncovering the truth, thereby gaining confidence from various countries for solving criminal cases, regardless of the crime methods and types of biological samples involved.
The law will introduce new tools and procedures for judicial police, investigators, and judicial authorities to achieve true justice in criminal matters, regulating numerous aspects related to personal data and information in conjunction with other related laws, such as the Personal Data Protection Law, the Cybercrime Law, and the Criminal Procedures Law. It addresses the challenge of documenting and maintaining the confidentiality of genetic data, crucial for preserving and securing these data.
SCIENTIFIC RELIABILITY
Dr. Rashid bin Salem Al Badi, a lawyer at the Supreme Court, mentioned that the Biometric Law aims to keep pace with significant scientific and technological advancements, employing them for the community's security and service through various biometric techniques, including fingerprints, iris scans, facial recognition, and DNA. The issuance of this law is a result of the pioneering and unique "Yaqeen" project, which integrates all biometric fingerprints into a single technological system.
The law is considered one of the most important legislations contributing effectively to preventing various crimes and discovering any that may occur, supported by the scientific and technological reliability of the biometric system. This contributes to identifying missing persons and remains in disaster situations, among other cases requiring biometric database consultation, thus maintaining public order and providing community members with security and peace of mind amidst investment, economic, and tourist openness. The Biometric Law comprises 15 articles divided into four chapters, including definitions, biometric database, biometric samples and data, and penalties.
The law mandates the creation of a database for preserving data obtained from biological traces collected from crime scenes, corpses, accused and convicted individuals, missing persons and their relatives, citizens and residents, fingerprints, and other data as determined by the Inspector General of Police and Customs. It allows competent authorities to use the database for solving crimes and identifying perpetrators and their crimes. It emphasizes the confidentiality of the data and prohibits its use for purposes not specified in the law. These data are considered substantial evidence in judicial entities, and the law forbids DNA fingerprinting tests for lineage verification. Additionally, the biometric biological sample reference is to be preserved for no more than 10 years according to established controls and procedures, while genetic fingerprint, fingers, palms, face, and eye data are to be indefinitely stored in the biometric database.
THE LAW'S ENHANCEMENT OVER PREVIOUS PROCEDURES
Al Badi noted that the law aims to establish a legislative framework for handling biometric data and samples, aligning with the Criminal Procedures Law issued by Royal Decree No. "97/ 99" concerning preliminary investigations and evidence collection. This law delegates judicial officers to investigate crimes and gather evidence, underscoring the importance of documentation for easy reference to data, samples, and biometric fingerprints when needed to identify crime perpetrators, missing persons, remains, and other situations specified by the law. It also stresses the importance of maintaining the confidentiality of genetic biometric fingerprints to protect individual privacy and prevent unauthorized access to these data, as stipulated by the Personal Data Protection Law in Article "4".
PENALTIES
Al Badi highlighted that the law imposes various penalties for violating its provisions, including imprisonment for no less than three years and no more than ten years, and a fine not exceeding 5000 Omani Riyals, or one of these penalties for anyone who forges biometric documents or uses them knowing they are forged. Additionally, anyone who discloses biometric data accessed through their profession faces imprisonment for no less than three years and no more than five years, and a fine ranging from 500 to 2000 Omani Riyals. Destroying or tampering with biometric biological reference samples or biological traces is punishable by imprisonment for no less than three years and no more than seven years, and a fine ranging from 500 to 3000 Omani Riyals. Furthermore, refusal to provide necessary samples for the purposes outlined in the law could result in imprisonment for no less than one month and no more than three months, and a fine ranging from 100 to 500 Omani Riyals, or one of these penalties.
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