Fri bevisprövning utan fri tillgång till bevis - En granskning av användningen av biometriska register

Sammanfattning

The aim of this study is to examine how the use of, Swedish Police Authority wise, external biometric registers may be justified in regards of the opinion of professional actors versus the constitutional right to personal integrity. This is in order examine whether there is any indication that there is a discrepancy between the norms in the shape of opinions of professional actors regarding the use of external biometric registers and the norms, in the shape of the design, of the law. This will be done by studying the perception professional actors within the justice system have on the use of external biometric registers as well as how such a use may be understood in the terms of the Swedish Constitution regarding the right to personal integrity. The theoretical standpoint in this study is the systems theory by Parson, and the theory on the development from societies of discipline to societies of control according to Garland. To realize this study, interviews with four professional actors within the justice system were conducted, as well as a review of relevant paragraphs in the constitution and the European Convention on Human Rights. A presentation of a relevant legislation proposal regarding the extended use of forensic DNA-testing were also used to establish how the government previously has reasoned regarding this subject. The findings reflect that the justification of such a use is relatively similar between the opinion of professional actors regarding the use and the law.