DNA banks

Russell A Leach

February 25,2008





Genetic Banks and Civil Rights

Baker A. (19 Jan 2008) Genetic Bank Raises Issues of Practicality and Privacy New York Times

 In an article in the New York Times, Alan Baker, talks about the Mayor of New York’s, proposal to take DNA samples from all persons suspected of a committing a crime in the city. This Proposal brings up questions of DNA testing and DNA data, and how it effects civil rights. The purpose of this paper is to explore the issues of DNA testing and DNA data, as it pertains to civil rights.
Bosch(2003) outlines the United Nations(UN), stance on how Human genetic data should be handled. Bosch(2003) states the international Bioethics committee, demands, protection of human rights and fundamental freedoms in the collection, processing and use of human genetic data, and that this demand is an important safeguard for the protection of civil rights. Bosch(2003) also relates that the position of the United Nations, to insure the use of genetic data, be limited to prior consent, unless derived by due process of the law. Bosch(2003) also relates that the UN wants only genetic data from convicted criminals to be stored and data collected from innocent suspects be destroyed.
Wall(2005)tells the story of a 13 year old girl, who was arrested in Great Britain for throwing a snow ball at a police car. Wall(2005)describes how this girl’s genetic data is now and forevermore in the National Forensic Criminal Database. Wall(2005)discusses the British governments’ power to collect and use genetic data and how that power may be used to identify, restrict and discriminate against persons the government might deem undesirable. Wall(2005)also relates the concerns of a group called Genwatch, who worry that the same tactics of data collection were used by the fascists and communist in their reign of terror during the last century. The states right, to take DNA samples also raises the question of genetic privacy and the rights of individuals.
Kaye(2006)argues against professor Tracy Maclin’s statement that taking and analyzing a DNA sample without a warrant constitutes a search of a person and that search is unconstitutional in the United States and cannot be justifies under the fourth amendment#. Kaye(2006) goes on to discuss the close relationship between fingerprint data and genetic data and their use to not only convict but to exclude suspects. Kaye(2006) argues that biometric data is not randomly taken or randomly assigned, but used within the limits of the legal system.
Rothstein and Talbot(June 2006) point out the relatively new application of genetic data in the field of law enforcement, and how its application has spread very quickly without oversight or regulation.
Rothstein (June 2006) also relates the huge success genetic profiling has had in solving crimes, seemingly unsolvable twenty years ago. Rothstein(June 2006) also relates the story of British law enforcement, doing genetic dragnets, by testing every male person in a small town, to catch a rapist. By DNA testing all suspects that fit a certain description in a certain area, they have been very successful in capturing and convicting criminals. Rothstein ( 2006) goes on to relate the fact, that these tests are done on a volunteer basis and most people give their samples willingly.
In an editorial written for the New Scientist Journal, the editor discusses a lawsuit filed by the ACLU, to prevent the California legislature from passing a law that would have everyone arrested for a felony submit a DNA sample for testing and storage (Editorial 2005). The editor(Editorial 2005)discusses the similarity of the California law to the laws of England and Whales. The editor also relates the fact that like the United Kingdom system, the California database has no regulatory body or oversight and that the administration that oversees the system, answers to no one(Editorial 2005).
I have concluded that the field of genetic testing and genetic identification has become a valuable tool in the crime fighting arsenal. DNA tests are not only solving crimes but absolving wrongly charged individuals. The fact that Genetic data is a valuable tool does not dismiss the fact that there is a huge potential for abuse. Genetic test results can be used in several ways to discriminate and exclude people from all kinds of activities. Because of the potential for misuse, there is a great need for oversight and regulation to prevent abuse.



References
Baker A. (19 Jan 2008) Genetic Bank Raises Issues of Practicality and Privacy New York Times
Bosch X.(3 July 2003) UN Agency Sets Out Global Rules For Protecting Genetic Data The Lancet v.362 iss.9377 p.45
Editorial (9 April 2005) Your DNA In Their Hands New Scientist v.186 iss.2494 p.3-3
Kaye D.H. (June 2006) Who Needs Special Needs: On the constitutionality Of Collecting DNA And Other Biometric Data
The Journal of Law, Medicine & Ethics v.34 iss.2 p.188-198
Rothstein M. & Talbot M. (June 2006)The Expanding use of DNA testing in Law Enforcement: What Role Privacy The Journal of Law, Medicine & Ethics v.34 iss.2 p.153-164
Wall T. (25 April 2005) A simple Prank By A Thirteen Year Old New Statesman V.134 iss.4737 p.32-33