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LEGAL ASPECTS OF DNA PROFILING

NCJ Number
147175
Journal
Journal of the Forensic Science Society Volume: 33 Issue: 4 Dated: (October-December 1993) Pages: 228-233
Author(s)
A Grubb
Date Published
1993
Length
6 pages
Annotation
DNA testing and the infringement of personal privacy are discussed.
Abstract
While DNA profiling has provided assistance in the prevention and detection of crime, the unchecked development of DNA profiling and DNA databases presents a potential threat to individual liberties. Two areas of concern covered by this article are the taking or collection of samples for testing and the storage and use of samples and profiles. Concerning these two areas, the Police and Criminal Evidence Act of 1984 is reviewed. DNA profiling has given rise to the Council of Europe's call for national codes or legislation to regulate DNA databases. The author poses various possibilities for the future of DNA data collection which may present additional concerns including a general population database which would contain sensitive non-DNA- related information such as information relating to ethnicity, a predisposition to develop disease, or information that reveals that a given individual is the carrier of a disease or will develop a certain condition in the future. The author concludes that adequate security provisions with limited or no outside use by other than the law enforcement community be permitted or, alternatively, that only the minimum necessary amount of information to further legitimate law enforcement functions be stored in the database. Additionally, genetic databanks of actual samples should not be allowed. 35 references

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