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Bioethics Group Raises DNA Database Concerns

Posted by CmdrTaco on Wed Sep 19, 2007 12:15 PM
from the but-nobody-is-concerned-about-rna dept.
PieGuy107 writes "In its report, The Forensic Use of DNA and Fingerprints: Ethical Issues, the council recommends that police should only be allowed to permanently store bio-information from people who are convicted of a crime. Today, the police of England and Wales have wider sampling powers than the police force of any other country, and the UK has (proportionally, per head of population) the largest forensic database in the world. When the police first began using DNA, consent was required before samples could be taken. A succession of Acts of Parliament and legislative amendments has increased police powers of sampling; the police can now take DNA samples from all persons arrested, without their consent, for recordable offenses (an "arbitrary" classification), and retain the samples indefinitely regardless of whether the person arrested is subsequently convicted or even charged. In response to comments from the Home Office that retaining the DNA of people who were innocent at the time of arrest had helped to solve crimes they committed years later, the Nuffield Council stuck to its guns. "There has to be a limit to police powers," said Dr Carole McCartney, one of the report's authors. "DNA shouldn't be retained simply on the basis that it might turn out to be useful." She added that many of the statistics from the Home Office were "inconsistent, incomplete and confusing" and that much of its evidence consisted of anecdotal accounts of "horrible men caught with DNA"."
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[+] Your Rights Online: FBI Prepares Vast Database of Biometrics 152 comments
MacRonin sends us to the Washington Post for a story about the FBI's plans for a large biometric identification database. The Post also has a chart detailing the characteristics of the different methods of identification. We discussed the ethics of a similar situation a few months ago. Quoting the Post: "Next month, the FBI intends to award a 10-year contract that would significantly expand the amount and kinds of biometric information it receives. And in the coming years, law enforcement authorities around the world will be able to rely on iris patterns, face-shape data, scars and perhaps even the unique ways people walk and talk, to solve crimes and identify criminals and terrorists. The FBI will also retain, upon request by employers, the fingerprints of employees who have undergone criminal background checks so the employers can be notified if employees have brushes with the law."
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  • Zombies (Score:5, Funny)

    by Gregb05 (754217) <Gregb05 AT sbcglobal DOT net> on Wednesday September 19 2007, @12:19PM (#20668901) Journal
    I, for one, would be frightened if they caught a horrible man without DNA.
  • by MillionthMonkey (240664) on Wednesday September 19 2007, @12:20PM (#20668903)
    If your cousin gets arrested and take his fingerprints, they have information on him. If they sample his DNA, they have information on you.
      • by cayenne8 (626475) on Wednesday September 19 2007, @12:35PM (#20669123) Homepage Journal
        Ah, but, such a database would be helpful in the future, when it is feasible to sequence/synthesize someone's DNA, or just enough of it to 'plant' on a crime scene, just in case they don't have a suspect, or you really didn't leave enough there on the scene.

        Not that anyone need be paranoid about the cops ever planting evidence.....

        • by Reziac (43301) * on Wednesday September 19 2007, @12:57PM (#20669433) Homepage Journal
          I had a related thought: Okay, so let's say a nifty new law is passed that forces the cops to discard your DNA *sample* after NN-long has passed.

          This does nothing to limit *propagation* of your extremely portable DNA profile, which is nothing but a list of markers that looks like this:

                AA BB CC CE DJ etc.

          Even if the cops purge their database as well as their sample cabinet, are you so sure that in the meantime, your profile (with all your associated personal info) hasn't migrated somewhere else?

          Think of your DNA profile as a credit card that cannot be cancelled in the event of loss or misuse, and guard it accordingly.

          • by cayenne8 (626475) on Wednesday September 19 2007, @01:12PM (#20669697) Homepage Journal
            "Even if the cops purge their database as well as their sample cabinet, are you so sure that in the meantime, your profile (with all your associated personal info) hasn't migrated somewhere else?

            Think of your DNA profile as a credit card that cannot be cancelled in the event of loss or misuse, and guard it accordingly."

            I agree whole heartedly. There are states that gladly sell your drivers license information to private companies ( Acxiom [acxiom.com] for example). What would keep them from selling it like that information?

            I'd certainly had for DNA of everyone to get out. The insurance companies alone would have a field day. You think it is hard now to get private insurance, if you have a pre-existing condition or something like high triglycerides? (I know about the latter one well), well, wait till they can pre-screen your DNA to find out what you might be afflicted with in the future.

            And if your identity is stolen....or something bad is associated with your DNA profile....good luck getting that taken care of. Either people will be screwed for life (you can well change your DNA), or DNA will cease to be an important determining factor. The latter may happen, but, probably LONG after many people have their lives ruined. Talk about the ultimate biometric factor...

            • by zuzulo (136299) on Wednesday September 19 2007, @01:36PM (#20670031) Homepage
              Hm, i wonder if anyone is making aerosol cans each filled with some (full or partial) DNA data from 100,000+ randomly selected folks. Then all you have to do as a paranoid nutter is fire off a few shots of this can anywhere you think you may be leaving DNA. ah, progress. Gotta love it.
      • That's true theoretically but not meaningfully.

        Why not? [cbsnews.com] Even Lesley Stahl gets it.

        But Stephen Mercer disagrees. "Of course they're gonna come up with analogies that seem to do away with any sense of wrongdoing or any sense of violation of privacy by the government. So, they say, 'Oh, well this is like a partial plate, and we're just following up on these leads....," he says.

        "And what's wrong with that?" Stahl asks.

        "Because it's not a partial plate. We're talking about DNA. DNA is different. DNA contains a v

      • Given that each person's DNA is derived from both of their parents' sets, as well as the introduction of , the amount of mutual information between your DNA and any relative becomes drastically small.

        50% for siblings, 25% for first cousins.

        As for your link, point mutations usually don't affect the DNA techniques police use because they don't change the lengths of segments cut by restriction enzymes. The other types of mutations are usually more fatal, more rare, and don't really interfere with police work a
  • by ThatsNotFunny (775189) on Wednesday September 19 2007, @12:22PM (#20668929) Homepage
    How about storing the DNA for the length of time equal to the statute of limitations for the crime they are being charged with? If they are not formally charged, then a two- to three- year period seems fair.
  • by epee1221 (873140) on Wednesday September 19 2007, @12:23PM (#20668951)

    "DNA shouldn't be retained simply on the basis that it might turn out to be useful."
    Yes, in the same way that random searches and seizures shouldn't be performed simply on the basis they evidence of a crime might turn up. I thought it was a well-established and accepted idea that a fishing expedition is a Bad Thing.
  • by BUL2294 (1081735) on Wednesday September 19 2007, @12:24PM (#20668969)
    ...if one of these DNA databases gets hacked??? What if a criminal's DNA entry gets transposed with that of someone else??? I mean it's not like government agencies are known for securing their networks very well [truthout.org]...
  • Only here, it will be needed for all school children. They'll have to have their DNA recorded before they're allowed to enter the public school system.

    It will be touted as "This is to help protect children from being kidnapped by a non-custodial parent or, God forbid, to identify a child if they have been killed.

    Then if every child grows up with this being the "norm" what happens ?

    • Maybe we really just need to take a broader approach: EVERYONE gets their DNA mapped and EVERYONE's DNA is made public. We should know just as much about government personel as they do about us. It's possible, and, I suppose, likely, that the information could be used for segregational purposes, but I think we should just bite the bullet and find a good way to render the information constitutionally now, instead of waiting for problems to show up. Bottom line: We're not going to be able to keep our DNA code
      • Re: (Score:3, Interesting)

        As proof that Brunner, author of "The Sheep Look Up", "Shockwave Rider" and "Stand on Zanzibar" is in fact psychic or actually has a time machine is this classic quote from The Sheep, which is scary prescient:

        "I'm referring specifically to apparently normal children, without obvious physical or mental defects. I'm convinced people are subconsciously aware of what's going on, and becoming alarmed by it. For example, there's an ingrained distrust in our society of highly intelligent, highly trained, highly co
      • by chihowa (366380) on Wednesday September 19 2007, @12:57PM (#20669437)
        I know that there's not much love for it floating around, but it's odd that you didn't mention "Gattaca", which is wholly and specifically about this particular topic. It's taken a step further with genetic engineering of the new births, but the ubiquitous DNA database and fast sequencing aspects are tackled (as well as any Hollywood movie will tackle them).
  • by MBCook (132727) <foobarsoft@foobarsoft.com> on Wednesday September 19 2007, @12:28PM (#20669031) Homepage

    I'd say the standard should be the same as all evidence. Are they allowed to keep your mug-shot forever (yes, as far as I know). If they take a handwriting sample and you are not convicted, are they allowed to keep that? The standard should be the same for DNA. They certainly get to keep your fingerprints right?

    If they request and get it during the course of an investigation I think they should get to keep it. I see no reason why they shouldn't.

    If they start abusing this (arresting people on provably fake charges and such) just to get DNA, they you can do a civil suit. The judge will make 'em toss it and the millions they'll have to shell out every time will help keep them honest.

    But if you are at a murder scene and have knife scratches on you, the police should get to keep your DNA if they use it to rule you in or out, just like they get to keep pictures of you.

    Now if you want to make it so they can keep the DNA but it can't be admitted to court (so they couldn't convict you on that alone) then I would be fine with that. That's probably a good idea, in fact.

    • by locofungus (179280) on Wednesday September 19 2007, @12:59PM (#20669469)
      The problem comes about because the police don't have a clue.

      Consider the scenario. You are arrested for a crime you didn't commit. Fortunately, despite the police trying to pin it on you, the real culprit confesses and you are released without a stain on your character.

      Then a little while later you are arrested again because your fingerprints (which were only stored because you were incorrectly arrested before) are found on some recovered stolen mail. The only problem being that you were the _VICTIM_ of the theft. Yes! Your fingerprints were on the mail because you _POSTED_ it!

      No attempt by the police to investigate. Finger print match. Call the person in to the station. Arrest them immediately. And then tell them to accept a caution to get it over with!

      Think it's a tall story?

      http://www.blackpoolgazette.co.uk/ViewArticle.aspx?SectionID=62&ArticleID=1361138 [blackpoolgazette.co.uk]

      Tim.
  • Convicted? (Score:3, Interesting)

    Comrades, you need only be detained for questioning to have your DNA permanently on record.

    They're going to end up just taking it a birth or while kids are in school or at hospitals. Unless there are explicit laws disallowing all evidence obtained though knowledge of such surreptitiously obtained DNA, the government will have a free hand to gather any information it wants. Without such laws, judges will cave in the face of teary eyed victims and media pressure, and if you so much as left a hair in a public place ten years ao, the police will be allowed to gather that and add you to their lists.

    In case you think there's nothing wrong with this, answer me this. How many wealthy and powerful people do you think have their DNA, or will ever have their DNA, in a government database?
    • How many wealthy and powerful people do you think have their DNA, or will ever have their DNA, in a government database?
      How many notorious crimes involve weathly and powerful people? Going back to the disapearance of the Lindberg baby, 75% perhaps?
      Given this, I'd say that we need to record the DNA of anyone famous enough to be mentioned several times in the newspapers, and at least twice on TV news. It's for their own safety, really. (:-)
  • by MrNemesis (587188) on Wednesday September 19 2007, @12:31PM (#20669079) Homepage Journal
    ...the vast majority of the British public won't give a shit.

    On the one hand, they're spoonfed endless pseudo-forensic schpiel that give the (false) impression of DNA being nigh-infallible. On the other hand, they're stuffed full of political propaganda telling us how DNA sampling will make $random_crime a thing of the past, how it'll mean that "paedophiles can no longer pretend to be teachers!" and on the third, weirdly mutant hand (broken index in the DNA database I think), years of being taught not to think critically and not to question authority (gubmint knows best!). All you need to do to pass a draconian law is to fawn to the Daily Mail-reading "Middle England" about paedophiles and illegal immigrants (is it rascist to say the Brits are sterotypically xeonphobic? That was certainly my impression growing up) and all of a sudden people can't vote for you quickly enough.

    Disclaimer: yes, I am a British citizen. I don't believe the majority of our public could stand up to a wet paper bag. I would love to be proved wrong. UK is in a race to be the first "democratic" police state, who wants to join us and finish second?
  • by ZuluZero (1159015) on Wednesday September 19 2007, @12:34PM (#20669115)
    Imagine the added weight of all that random DNA collection gear that police will have to carry all day. And DNA collection can be a messy business. Can't we all put our minds together to combine say, a Taser / DNA Extractomatic?
  • by Jane Q. Public (1010737) on Wednesday September 19 2007, @02:01PM (#20670503)
    For years, prosecutors have been fond of citing "statistics" that purportedly show that DNA matching is reliable to "1 in billions". However, this has never actually been established.

    For one thing, the figures cited are founded on the assumption that the DNA sites that are being matched up are individually independent. But they have not established that beyond a reasonable doubt yet.

    Here is an example of what I mean: what are the odds that a randomly-sampled American has the genes that result in curly hair? Relatively low... maybe around 0.2 or so.

    On the other hand: what are the odds that the same person has the genes for curly hair... GIVEN THAT he also has the genes for sickle-cell anemia? That would be pretty high: maybe around 0.99, give or take.

    Individual genes (or lots of them anyway) are NOT completely independent. They depend on others in complex ways that are not yet fully understood. And until we understand more about that, we should be very careful before making claims about the "reliability" of such tests. In certain cases (and there is no reliable way to tell which), the reliability of the test might only be 1 in 100,0000 or even less. That might still sound like a lot, but it is not. That would match 4 or 5 people just in my immediate area.
    • Re: (Score:3, Insightful)

      and subsequently lawmakers will make it a crime to refuse to "donate" your DNA to the police database. Problem solved.
      No. They'll make it a crime for everyone but them.