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Genetic Privacy in the Justice System: Issues Surrounding DNA Collection and Analysis

NCJ Number
202557
Journal
JRSA Forum Volume: 21 Issue: 3 Dated: October 2003 Pages: 1,8,9
Author(s)
Nancy Michel
Date Published
October 2003
Length
3 pages
Annotation
This article identifies and discusses privacy issues related to the collection, storage, dissemination, and use of DNA samples.
Abstract
Collection and analysis procedures as well as policies for DNA samples within the justice system differ by State. When a DNA profile is prepared, it is entered into a CODIS (combined DNA index system) database. Most States use a three-tiered system in which samples are processed by forensic labs at the local level and entered into a local database. The profile is then forwarded to a State database and eventually to the national database maintained by the FBI. At the National Institute of Justice's (NIJ's) 2003 annual Conference on Criminal Justice Research and Evaluation, one of the plenary panels focused on "DNA and Privacy Issues: What's the Balance." One of the more troubling issues considered was who has and may have in the future access to the DNA samples. A concern of one of the panelists was that a sample could be tested for some reason unrelated to that for which it was collected; for example, an Indiana court ruled that once DNA samples have been collected, they can be used for any legitimate law enforcement purpose. NIJ has recommended the development of a national strategy to inform and guide the use of DNA evidence in the criminal justice system. In so many areas, regulation of this emerging technology is necessary to protect the rights of the citizens it is intended to benefit.