DNA and Privacy
The American database has more than 3 million DNA samples filed and it continues to grow rapidly. As the database grows, so too have Americans’ fears about DNA and privacy. Many people fear that recording and storing DNA samples in a national database violates the Fourth Amendment. Others argue that a DNA database is an effective law enforcement tool. Whatever the case, the issue of privacy and DNA has become a popular topic throughout the country.
Privacy, DNA Testing and Law Enforcement
Following a person’s arrest, a DNA sample is taken from a blood sample or cotton swab from the inside of the mouth. This sample is then mixed with restrictive enzymes, which cut DNA into long strands unique to each individual. Scientists then organize and study these strands to find patterns throughout the sample that makes the DNA individual. Between the length of the cut pieces and the repeating patterns, DNA samples create a unique DNA profile for every person.
Iris Scans and DNA privacy
Iris scans and DNA privacy have much in common. The human iris is as distinctive as a fingerprint, and is increasingly used by law enforcement agencies for identification. Privacy advocates charge that iris scans and DNA privacy issues are symptoms of an increasingly surveillance-based society.
Privacy, DNA and the Fourth Amendment
The Fourth Amendment of the U.S. Constitution protects American citizens from unlawful searches and seizures without probable cause. Under this amendment, a person cannot be treated as a suspect unless the police have reason to believe he or she has committed a crime.
When a DNA sample is found on a crime scene, it is compared to all of the DNA samples in the national database. Many argue that this process treats all people with database profiles as potential suspects without probable cause. If this argument is correct a national DNA database would be a violation of the Fourth Amendment.
Another issue many people have with the national DNA database is that all people who have been arrested are listed, including those who have only committed misdemeanors and those who were charged and acquitted. Opponents of the DNA database charge that acquitted individuals with DNA profiles in the database are now, essentially, guilty until proven innocent.
In addition, the controversial topic of familial searches has its share of pros and cons. Any DNA sample found in a crime scene is run through the database, which can produce results for relatives who have profiles in the database, even if the actual DNA sample is not on file.
Through familial searches, a person related to a suspect could also become a suspect or included in criminal investigations. However, this method has helped many forensic scientists and detectives determine criminals’ identities.
Privacy, DNA and the Fourth Amendment are issues that trigger intense debate. Because DNA contains genetic material that includes behavioral and health traits, there is concern that this information may be extracted by the government.
Using DNA, the government could gain knowledge about a person’s medical history, ethnic origin or psychological profile. If in the wrong hands, this information could be exploited to uncover a person’s risk of disease or paternity history.
Currently the U.S. government focuses its DNA testing on thirteen small regions of the molecule, which is not a large enough sample to draw conclusions about a person’s psychological or behavioral traits. Some people, however, fear that a national DNA database could be used as a surveillance tool of those listed.
Resources
Lawless, Jim (2004). DNA fingerprint privacy concerns. Retrieved August 27, 2008, from the CBSNews.com Web site: www.cbsnews.com/stories/2004/09/08/tech/main641998
.shtml.
The Washington Post Company (2006). Vast DNA bank pits policing vs. privacy. Retrieved August 27, 2008, from the Washingtonpost.com Web site: www.washingtonpost.com/wp-dyn/content/article/2006/06/02/AR2006060201648
_4.html.
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