Download This PaperThe Need for Regulatory Framework for Familial DNA Searching - a Privacy Perspective
NALSAR Law Review, Vol. 8, N. 1, 2023
19 Pages Posted: 10 Mar 2023
Date Written: February 18, 2023
Abstract
Familial DNA searching, the recent development of DNA technology has proven to be an effective technique in law enforcement. A forensic DNA profile not only discloses genomic information about the person whose "genetic fingerprint is on file but also about his or her near relatives. The compelled collection of DNA from criminals poses serious privacy and civil liberties problems due to the long-term retention of genetic makeup and all of the personal information it contains. Additional privacy concerns that arise from familial searches include the possibility of lifelong surveillance, the possible surreptitious acquisition of DNA just because one is connected to someone in the national database, and the family itself, in which it may be shown that some members are not genetically related or are linked in ways that people are not aware of Familial Searching calls for higher weighting of privacy than is typically the case and the technique can only be ethically justified if steps are made to ensure that the technology is both significant and that challenges to privacy and fair trial are mitigated. We, therefore, provide an approach for describing and balancing the relative importance of the diverse interests involved, and we suggest a comprehensive regulatory framework to enhance the value and effectiveness of Familial Searching while still securing privacy concerns.
Keywords: Forensic Justice, DNA Fingerprinting, Privacy, Constitution, Familial Searching
Suggested Citation: Suggested Citation