Law no. 40/2013 of 25 June 2013, which defines the organisation and modus operandi of the DNA profile database oversight board, regulates the organisation and modus operandi of the Board, as well as the personal status of its members. It makes the first amendment to Law no. 5/2008 of 12 February 2008, published in the 1st series of the Diário da República, no. 120, of 25 June 2013.
 
Preparatory work
- Members' bill by the BE, 12th legislature, 2nd legislative session, approving the Law governing the Organisation and Modus Operandi of the DNA Profile Database Oversight Board and amends Law no. 5/2008 of 12 February 2008, submitted to the AR on 27-12-2012.
 
Opinions requested by the CCARFG:
Vote on the details at Plenary Sitting no. 88, replacement text submitted by the PPD/PSD, PS, CDS-PP, PCP, BE and PEV relating to Members' bill no. 326/CII/2ª (BE), passed unanimously on 05-10-2013.
Final overall vote at Plenary Sitting no. 88, replacement text submitted by the PPD/PSD, PS, CDS-PP, PCP, BE and PEV relating to Members' bill no. 326/CII/2ª (BE), passed unanimously on 05-10-2013.
 
Status of members
The status of the members of the Board guarantees their independence in exercising their duties and is covered in the organic law.
The members of the Board are appointed by the Assembly of the Republic for a mandate of four years, and are installed before it. The members may renounce the mandate in a written statement submitted to the President of the Assembly of the Republic, published in the 2nd Series of the Diário da República.
The members of the Board are fixed, enjoy the privilege of immunity and do not respond in civil, criminal or disciplinary terms for any vote or opinion issued in exercising their duties. They receive remuneration determined by the government.
 
Organisation and modus operandi
The Oversight Board operates on a permanent basis and is composed of three citizens known to be fit and proper and in full enjoyment of their civil and political rights.
The Board has a secretariat that has a secretary, appointed from among the members of staff who: have a previously established legal civil servant relationship; are university graduates; have the qualifications to perform the respective duties of the position. The secretary is appointed by order of the President of the Assembly of the Republic, following a favourable opinion issued by the Oversight Board.
The secretary of the board is appointed on a secondment basis for periods of 4 years and may be assisted by a technical auxiliary.
The Assembly of the Republic ensures that the Board has the resources that are indispensable to fulfilment of its competences and the functions attributed to it, particularly in terms of appropriate facilities, secretarial staff and logistical support (Art. 3(1) of Law no. 40/2013 of 25 June 2013).
Public and private entities must provide the Oversight Board with their cooperation, furnishing it with all the information it requests from them in the exercise of its competences (Art. 4 of Law no. 40/2013 of 25 June 2013).
Whenever necessary, the Board may resort to outside experts (Art. 3(3) and (4) of Law no. 40/2013 of 25 June 2013).
The decisions indicated in Art. 17 of Law no. 40/2013 of 25 June 2013 shall be published in the 2nd series of the Diário da República and on the Oversight Board’s webpage.