Supreme Court annuls order for compulsory collection of suspect's biometric data

On May 12, 2026, the Supreme Court of Cyprus annulled a Nicosia District Court order that had authorized the mandatory collection of biometric data from a man arrested on suspicion of arson. The suspect, arrested on February 20, 2026, had refused to consent to the provision of saliva samples, fingerprints, and photographs. The police subsequently secured a court order on February 24, 2026, to compel the collection of these materials. The Supreme Court ruled that the lower court acted beyond its authority by failing to perform a rigorous assessment of necessity and proportionality. Under Directive (EU) 2016/680, which is integrated into national law, judges must be fully satisfied that reasonable suspicion exists and that the collection of data is absolutely necessary. The Supreme Court emphasized that judicial review cannot be automatic and requires consideration of the nature and severity of the alleged offense as well as the individual profile of the person involved.