DNA Fingerprinting and Civil Liberties

In addition to the expanded inclusion criteria within database legislation, the authors examine expanding uses and consider the privacy implications of DNA in dragnets, familial and personal searches, as well as the expanded number of retained samples, and the secondary uses, such as genetic researc...

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Bibliographic Details
Published in:The Journal of law, medicine & ethics medicine & ethics, 2006, Vol.34 (2), p.149-152
Main Author: Noble, Alice A.
Format: Article
Language:English
Subjects:
Civil liberties
Civil Rights
Crime prevention
Criminal Law
Databases, Nucleic Acid - legislation & jurisprudence
DNA Fingerprinting - legislation & jurisprudence
DNA fingerprints
Ethics
False arrests & convictions
Federal government
Forensic sciences
Genetic Privacy - legislation & jurisprudence
Genetic research
Genetics
Health technology assessment
Humans
Minority Groups - legislation & jurisprudence
Ownership - legislation & jurisprudence
Search & seizure
Supreme Court decisions
United States
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Summary:In addition to the expanded inclusion criteria within database legislation, the authors examine expanding uses and consider the privacy implications of DNA in dragnets, familial and personal searches, as well as the expanded number of retained samples, and the secondary uses, such as genetic research, to which these samples maybe put. Focusing on the privacy risks of secondary research uses of compelled DNA samples from which DNA profiles have been derived, the authors borrow lessons from the studied regimes and note that such risks may be reduced through "hard-wiring," such as the destruction of DNA samples from which profiles are taken, or the adoption of "speed-bumps," which would place administrative or judicial barriers in the way of access to information deserving of privacy protections. Assuming that the Fourth Amendment does not bar broader inclusiveness, which Smith opines is likely given current case law on the subject, a universal database will continue to expand in a less-than-thoughtful manner. [...]Smith urges the design and building of a universal database of digitized DNA profiles, with privacy protections including mandated destruction of the biological samples. Citing concerns about privacy, the risk of racial polarization due to overrepresentation of African Americans in the database, and concomitant damage to the legitimacy of criminal law and law enforcement, Smith argues for a thoughtful, proactive approach to database expansion, and that the immediate destruction of DNA samples is needed.
ISSN:1073-1105
1748-720X
DOI:10.1111/j.1748-720X.2006.00023.x