Legal Questions and Answers by
Jonathan Stones of John Barkers
Question :-
I read that members of the Human Genetics Commission are urging the Government to bring in new laws concerning DNA databases and the circumstances in which DNA samples can be taken. They think it should be a criminal offence to take a DNA sample without an individual's consent.
Science has provided the police and the courts with a wonderful new tool that has helped to solve many difficult cases. In a number of instances it has also cleared innocent people who were suspects in police investigations. Why should there be any restrictions on DNA databases or sampling?
Answer :-
As I understand it, the Commission's proposals concerning rules restricting the taking of DNA samples without consent, specifically exclude police investigations.
The suggestions come in the wake of concern about some of the disturbing things that have been happening, particularly in America.
Baroness Helena Kennedy, the commission's chairman, quoted the example of an American company that had blood samples taken from employees complaining of repetitive strain injury secretly tested for genetic vulnerability to carpel tunnel syndrome. The hope was the information could be used to fight industrial injury claims.
In a paternity case a DNA sample was obtained by a private detective recovering dental floss from a dustbin!
The Human Genetics Commission's view is that there should be rules about the circumstances in which DNA samples are taken and used. When you hear about people rummaging through dustbins, is it really such an unreasonable idea?
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