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Law Enforcement and Genetic Data

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Summary

This article examines the use of DNA in law enforcement and the ethical implications of this practice. It explains the history of law enforcement's use of DNA in forensic databases, and how recently developed technologies have enabled law enforcement to access the genetic data of millions of people in public and private databases. It also discusses the implications of the Golden State Killer case and how law enforcement has used forensic genetic genealogy in hundreds of cold cases. Finally, it suggests possible solutions to the ethical issues raised by law enforcement's access to genetic data, such as the imposition of restrictions on the use of genetic data from DTC, health care providers, and researchers.

Q&As

What is the Combined DNA Index System (CODIS) and how is it used by law enforcement?
The Combined DNA Index System (CODIS) is a nationwide forensic DNA database maintained by the U.S. Department of Justice. It contains the forensic DNA profiles of over 18.5 million people who have been either arrested for or convicted of various crimes, and has assisted in over 540,000 investigations.

What ethical issues are raised by law enforcement's access to personal or family genetic information?
Ethical issues raised by law enforcement's access to personal or family genetic information include the biased representation of the population in government-run forensic DNA databases, the potential for individuals to be discouraged from obtaining genetic testing, and the lack of regulation surrounding the collection of genetic samples and their analysis or use by law enforcement.

How has law enforcement's ability to harness DNA for investigative purposes grown in recent years?
Law enforcement's ability to harness DNA for investigative purposes has grown immensely in recent years due to the massive amount of genetic data now housed in government-run, public, and private databases, as well as the emergence of new techniques to exploit these vast resources.

How was the Golden State Killer case able to track down Joseph DeAngelo and what has been the result of this case?
The Golden State Killer case was able to track down Joseph DeAngelo by matching crime scene DNA with one of his distant relatives who had contributed data to GEDmatch, a publicly accessible genealogy database. This technique, now commonly referred to as forensic or investigative genetic genealogy, has been used by law enforcement in hundreds of cold cases, generating leads in numerous cases, dozens of arrests, and multiple convictions (as well as one exoneration).

What are possible solutions that could be used to balance the society’s interest in finding criminals with individuals’ interest in pursuing genetic testing?
Possible solutions to balance the society’s interest in finding criminals with individuals’ interest in pursuing genetic testing include making it more difficult for law enforcement to gain access to genetic data held by third parties (e.g., requiring a warrant as opposed to a subpoena) or to impose other restrictions, such as limiting use of genetic data from DTC, health and research tests to investigating specific kinds of serious crimes. Another option is to create a universal forensic database, which would contain a limited DNA profile of every person in the country. This database would need to be coupled with even more stringent procedural requirements and safeguards, but the limits are more likely to be effective since the system would contain the profiles of lawmakers and their families as well. It would also be necessary to ban law enforcement access to DTC, health, and research data, thereby allowing people to pursue testing without fear.

AI Comments

👍 This article provides an excellent overview of the current legal landscape surrounding law enforcement access to genetic data and raises important ethical questions that need to be addressed.

👎 This article fails to address the potential risks of law enforcement's access to genetic data, such as privacy violations and the potential for misuse.

AI Discussion

Me: It's about law enforcement using genetic data for investigations. It talks about how law enforcement has collected and stored a limited amount of information from DNA from arrestees and convicted criminals in forensic databases, such as CODIS, for many years. But they're now turning to other sources of DNA, like direct-to-consumer (DTC) genetic tests and health care providers and researchers for investigations.

Friend: That's pretty scary. It seems like law enforcement is getting access to more personal information than ever before.

Me: Yeah, it's definitely a concern. The article talks about how this could potentially discourage individuals, especially those from overrepresented groups, from obtaining genetic testing, which could lead to health disparities. It also mentions how law enforcement is using new techniques like forensic genetic genealogy to identify suspects, and how this data can be obtained without a court order. So there needs to be some kind of regulation in place to ensure law enforcement has limited access to this data.

Action items

Research the legal and ethical implications of law enforcement's access to genetic data.
Learn more about the history of DNA use for law enforcement and the current legal landscape.
Explore the ethical issues and proposals to address them related to law enforcement's access to genetic data.

Technical terms

Bioethics: The study of ethical issues arising from advances in biology and medicine.
CODIS: The Combined DNA Index System, a nationwide forensic DNA database maintained by the U.S. Department of Justice.
Direct-to-Consumer (DTC) Genetic Tests: Tests that are marketed directly to consumers, often for the purpose of genealogical research.
Forensic Databases: Databases that contain the forensic DNA profiles of individuals who have been either arrested for or convicted of various crimes.
Forensic DNA: DNA collected from crime scenes and used to identify suspects.
Genomics: The study of the structure, function, and evolution of genomes.
HIPAA: The Health Insurance Portability and Accountability Act, a U.S. law that protects the privacy of individuals’ health information.
Subpoena: A legal document issued by a court or government agency that requires a person to appear in court or provide documents or other evidence.
Warrant: A legal document issued by a court or government agency that authorizes law enforcement to search a person’s property or seize evidence.