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DNA databanks: law enforcement's greatest surveillance tool?
Wake Forest Law Review
|April 1, 2003
Summary
State laws mandate DNA sample collection from criminals for databanks. This review highlights privacy risks and errors in DNA forensic technologies, urging legislative improvements for better genetic privacy and quality assurance.
Area of Science:
- Forensic Science
- Genetics
- Law and Public Policy
Background:
- All 50 states mandate DNA sample collection from specific criminal populations.
- Collected DNA profiles are stored in databases accessible to law enforcement.
- DNA forensic technologies offer powerful identification capabilities but also pose privacy and accuracy concerns.
Purpose of the Study:
- To examine weaknesses in state DNA databanking laws.
- To assess the protection of genetic privacy within these laws.
- To evaluate the imposition of quality assurance mechanisms in DNA databanking.
Main Methods:
- Review of existing state DNA databanking legislation.
- Analysis of potential privacy breaches and data misuse.
- Examination of error potentials in evolving DNA forensic techniques.
Main Results:
- Current state laws exhibit significant weaknesses in safeguarding genetic privacy.
- Inadequate quality assurance mechanisms increase the risk of errors in DNA analysis.
- Potential for misidentification, wrongly implicating or exculpating individuals, is substantial.
Conclusions:
- State DNA databanking laws require substantial revision to protect genetic privacy.
- Robust quality assurance protocols are essential to ensure the accuracy of DNA forensic technologies.
- Legislative action is needed to strengthen oversight and mitigate risks associated with DNA databases.
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