Retention and Deletion of Genetic (DNA) Test Results: The Amendment to Criminal Procedure Code Art. 80

The results of genetic (DNA) tests carried out on samples such as blood or saliva in criminal investigations are personal data and sensitive. Law No. 7589 of 31 July 2026 (Art. 14) amended Article 80 of the Criminal Procedure Code (CPC), regulating anew how these results are recorded, retained, destroyed and deleted. This article summarises the new rule in general terms and does not replace an assessment of your case.

1. The unchanged framework

Results of tests on samples taken under CPC Arts. 75, 76 and 78 are personal data, cannot be used for another purpose and cannot be given to another person by those authorised to learn the file's content (Art. 80/1).

2. What does the new rule introduce?

• Recording in a special system: test results are recorded stripped of identity data in a special system; one copy is sent to the investigating or prosecuting authority to be kept in the file as evidence (Art. 80/2).
• Immediate destruction: information recorded in the system and kept in the file as evidence is destroyed immediately where the objection period to a decision of non-prosecution has expired, the objection has been rejected, or an acquittal or decision of no penalty has become final.
• Twenty years: in other cases, it is destroyed in the presence of the public prosecutor twenty years after the court decision becomes final, and this is recorded in minutes.
• Deletion request: a person whose information is recorded may, within this period, ask the judge or court to delete it where the purpose requiring retention has ceased or there is a justified reason.
• Use and objection: information in the system may be used within an ongoing investigation or prosecution to establish the material truth, by decision of the court, judge or public prosecutor. Objection lies against court or judge decisions; the criminal judgeship of peace may be applied to against the prosecutor's decision (Art. 80/3).
• Regulation: the rules on recording, retention, destruction and use of the records will be set by a regulation issued jointly by the Ministries of Justice and Interior (Art. 80/4).

3. Importance for personal data

Genetic data may include information on health and family ties, so it requires special care. The new rule matters for data protection by setting retention periods and destruction cases in the law and expressly regulating the deletion request. For general information on personal data protection, see our article on personal data breaches (Turkish).

4. Points to watch

• Find out whether a genetic test was carried out in your investigation file and where the results are kept.
• If a decision of non-prosecution, acquittal or no penalty has become final, check that the information has been destroyed immediately.
• If the reason for retention has ended or you have a justified reason, remember you may submit a deletion request to the judge or court.
• Because procedure will be set by regulation, follow its content once published.

To assess your rights in a criminal investigation, you can create an appointment or reach us via the contact page.

This article is for general information only, contains no promise of results and is not legal advice. The current text and transitional provisions should be checked separately.