DNA and Your Privacy

The discovery and mapping of DNA has helped make huge advances in medicine, technology, and forensics. Gathering DNA evidence has helped capture criminals, identify disease in its early stages, and discover people’s ancestry.
 
Much can be learned about a person from their DNA, from genetic predispositions to paternity. With such sensitive personal information available through your DNA, it is important to understand your DNA privacy rights.

What is DNA

DNA (short for deoxyribonucleic acid) is the building block for life. All life forms have a slightly different genetic code. Human DNA is passed on from parents to children and determines such characteristics as eye color, hair color, and predisposition to certain diseases.
DNA is carried in a double helix shape inside each cell, which resembles a twisted ladder. Every cell in the human body carries the same unique code, which means that skin cells, saliva, blood, and other bodily fluids all are unique to each person. All humans share 99.9 percent of the same DNA. It is only the remaining 0.1 percent that differentiates us as individuals.

DNA Privacy Rights

Gathering and keeping individuals’ DNA information can be very helpful. Genetic information has helped society in a variety of different ways, including:
  • accurately identifying and capturing criminals
  • detecting and treating disease in its early stages
  • determining a child’s paternity
  • proving innocence of suspected criminals.

Even with all these benefits, many people are uncomfortable with the idea that their genetic information could become public. They fear that publicizing genetic information could have negative consequences such as:

  • denial of health coverage
  • denial of life insurance
  • discrimination by employers
  • enforcement of eugenics (selective breeding)
  • violation of privacy through leaking information.

Iris Scans and DNA Privacy

You may have heard about the link between iris scans and DNA privacy. Much like a person’s DNA, every person’s iris is unique, and iris scans are increasingly being used to identify individuals and track down criminals. Some people believe that tracking individuals through constant iris scans is an invasion of privacy.

The National DNA Database

The National DNA Database stores genetic information primarily collected from crime investigations. In the United States, the Database was originally designed for sex offenders, but has since been opened up to include the genetic information of all types of criminals.
 
All crime labs, police departments, the FBI, and the CIA have access to this information. Many other countries, such as France, Germany, New Zealand, Norway, and Sweden, have similar databases.
 
While genetic information undoubtedly helps to solve crimes, the practice of collecting DNA is hotly debated. Many groups are concerned with protecting innocent people’s privacy.
 
In May of 2008, the United States passed a bill proposing that all newborns have their DNA collected for a national database. There are many arguments for DNA collection at birth; babies would be immediately tested for genetically-linked disease, and the government would have access to their DNA should the child commit a crime later in life. Many parents, however, are uncomfortable with the idea of the government holding their child’s genetic information. They may not want their children subject to genetic research, or they may feel that government knowledge of a child’s medical records is an invasion of privacy.

Privacy, DNA, and the Fourth Amendment

Usually, if the police want to search the personal property of a criminal suspect, they must have a warrant. This protection is provided by the Fourth Amendment, which guards against unreasonable searches and seizures.
 
Detectives and police officers are increasingly collecting "abandoned DNA" from crime scenes, which can often easily link a suspect to a crime. Criminals often leave traces of their DNA at a crime scene, which can be collected and used against them in court. Therefore, privacy, DNA, and the Fourth Amendment are intrinsically linked. Many people believe that collection of DNA is a violation of the Fourth Amendment because this genetic evidence was collected without a warrant.
 
The term "abandoned DNA" is used for DNA that is collected from an environment, such as a crime scene, not physically removed from an individual (as in a DNA test). Some examples include:
  • hair collected from a drain at a public pool;
  • saliva collected a discarded coffee cup;
  • skin cells collected from a discarded blouse.
Some people argue that collection of DNA, which contains intimate personal details, is an invasion of privacy and needs to be regulated by the government. Proponents for this practice argue that DNA evidence can protect the innocent and help solve crimes.
 
Resources
 
Joh, Elizabeth E. (2006).Reclaiming 'Abandoned' DNA: The Fourth Amendment and Genetic Privacy. Retrieved November 11, 2008, from the Social Science Research Network Web site: http://ssrn.com/abstract=702571.
 
FamilyHelix.com (2008). The National DNA Database. Retrieved November 11, 2008, from the FamilyHelix.com Web site: http://www.familyhelix.com/articles/national-dna-database/index.php.