Travelling to Prüm –euphoria and dysphoria regarding the use of DNA data between and beyond borders

Abstract

Since 2005 the international cooperation between EU Member states regarding the fight against transnational crime, terrorism and illegal immigration, started to be implemented through the so-called Prüm Decisions. In a society increasingly dominated by fear and insecurity, Prüm promises to reach the European Dream aided by the expansion of technologies that proclaim certainty. Through the exchange of DNA profiles, fingerprints and vehicle registration data, Prüm aims to blur the boundaries of law exchanging data across European countries, although dependent on the application of local rules. This paper is based on 14 interviews conducted with Portuguese Judges during 2017. It takes as a starting point the concept suggested by Sabina Leonelli of a “data journey” trying to understand how the data travels in Prüm. It considers the duality between the harmonization of technical procedures with the localities of each EU Member State and identify the frictions that the implementation of Prüm entails. In a second part we will try to analyze the data exchange in Portugal and the challenges that this travel poses in the perspective of the Portuguese judges. We argue that the travel in Prüm begins with a discourse of euphoria regarding the potential of DNA and the exchange of data. As the journey goes beyond national borders, a dysphoric narrative is perceived, where “we” and “others” emerge, indicative of the mistrust that hangs about this journey, challenges and dangers. Judges’ narratives led us to the discussion of the neutrality of these technoscientific instruments (or their absence) and which, although legitimized by an aura of scientific credibility in its data journey, is not immune to uncertainties and fears.