Eleanor Finch
DNA databases are powerful tools for law enforcement, helping to identify suspects, clear innocent people, and convict the guilty. However, the collection and storage of DNA data have raised concerns about privacy and constitutional rights. In the US, the Fourth Amendment protects citizens against unreasonable searches and seizures, and the question of whether DNA collection and storage violate these rights has been the subject of debate and legal challenges. While some courts have upheld the practice, others have expressed concerns about the potential for abuse and the need for rigorous control and protection of sensitive data. As technology advances and DNA databases expand, the balance between public safety and individual privacy will continue to be a critical issue for society and policymakers to navigate.
| Characteristics | Values |
|---|---|
| Countries with the largest DNA databases | United States and Great Britain |
| Number of DNA profiles in the US database | Over 20 million |
| DNA collection upon arrest | About 20 states and the federal government have passed legislation requiring it |
| DNA collection and the Fourth Amendment | The Fourth Amendment protects citizens against unreasonable searches and seizures |
| DNA collection and privacy | The degree of privacy intrusion caused by DNA collection is debated |
| DNA collection and conviction | DNA databases have helped convict guilty criminals and clear the wrongfully convicted |
| DNA collection and identification | DNA profiles do not predict or identify physical characteristics, race, or medical disorders |
| DNA collection and expungement | Some states automatically expunge DNA profiles if there is no conviction, while others require the person to request it |
| DNA collection and consent | In some cases, DNA collected without consent has been deemed unconstitutional |
| DNA collection and immigration | The Trump administration has proposed collecting DNA samples from immigrants detained by US authorities |
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What You'll Learn
DNA collection from arrestees
The practice of collecting DNA from arrestees has been implemented in several states and at the federal level. As of 2012, 28 states and the federal government had enacted laws authorizing DNA collection from arrestees charged with certain qualifying offenses. Louisiana was the first state to pass such a law in 1997, and by 2012, 27 additional states had followed suit. The DNA Fingerprint Act of 2005 further expanded these efforts, requiring any adult arrested for a federal crime to provide a DNA sample starting in 2009.
Supporters of DNA collection from arrestees argue that it provides law enforcement with a valuable tool for identifying suspects, particularly in unsolved cases, and can help prevent future crimes. They contend that DNA collection is no more invasive than taking fingerprints during the routine booking process upon arrest. Additionally, they assert that the identity of arrestees becomes a legitimate state interest, and the information contained in DNA profiles does not reveal sensitive genetic characteristics.
However, critics of this practice have raised several concerns. One of the primary worries is the potential violation of privacy rights guaranteed under the Fourth Amendment. The collection and storage of DNA information may be seen as an unreasonable search, especially when the DNA is used for purposes beyond the initial justification for its collection. This concern is heightened by the possibility of genetic information being abused or misused, as seen in a case where a rape victim's DNA was used to convict them of an unrelated crime years later.
Another challenge associated with DNA collection from arrestees is the logistical burden it places on states and laboratories. Implementing these laws requires additional resources for staff hiring and training, the development of training materials, and the acquisition of new data systems. States that already have arrestee DNA laws in place have faced difficulties in managing the sheer volume of samples, addressing duplicate samples, and handling expungement processes when charges are dismissed or result in acquittal.
The constitutionality of DNA collection from arrestees remains a complex and evolving issue. While some courts have upheld the practice, such as the Supreme Court of Virginia, other state courts have found it to be unconstitutional, including the Minnesota Court of Appeals, a California appellate court, and the Maryland Supreme Court. The ongoing debate reflects the need to balance public safety interests with the protection of individual privacy rights in the digital age.
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DNA collection from convicts
In the United States, the collection of DNA from convicts is authorized by laws such as the DNA Fingerprint Act of 2005, which mandates DNA collection from adults arrested for federal crimes, non-citizens detained by the US, and individuals convicted of specific offences. As of 2025, California law states that DNA collection is required from individuals convicted of felonies, certain misdemeanours, and registering sex and arson offenders. However, DNA cannot be collected from juveniles on deferred entry of judgment or informal probation.
The purpose of maintaining DNA databases is to aid in solving future crimes by matching DNA patterns found at crime scenes to those in the database. This has proven to be a powerful tool for law enforcement, helping to identify and convict guilty criminals, clear innocent suspects, and solve cold cases.
However, the practice of DNA collection, particularly from individuals who are arrested but not convicted, has sparked significant debate. Critics argue that it may violate Fourth Amendment rights, which protect citizens against unreasonable searches and seizures. There are concerns about the potential for abuse of genetic information, the ability of crime laboratories to manage the influx of samples, and the possibility of false matches.
To address these concerns, some states have implemented laws and penalties to regulate the use and disclosure of DNA data. For example, California's Genetic Information Nondiscrimination Act (SB 41) aims to protect citizens' genetic privacy and require transparency from companies collecting DNA data. Additionally, individuals can request to have their DNA profiles expunged from databases if they are not convicted of a crime, although the process varies by jurisdiction.
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DNA collection from immigrants
The collection and storage of DNA samples is a highly debated topic, with concerns about privacy and consent, especially regarding immigrants. In the United States, the government has the largest DNA database, with over 20 million profiles, primarily of individuals "suspected of or convicted of crimes".
In 2019, the Trump administration proposed expanding DNA collection from immigrants in federal detention, which came into effect in 2020. This rule eliminated the ability of the Department of Homeland Security (DHS) to exempt non-citizens from DNA collection, which was previously allowed due to operational or resource limitations. This change resulted in the DHS collecting DNA from individuals in immigration custody, including asylum seekers. The biometric data collected is included in the federal Combined DNA Index System (CODIS), with the physical DNA sample subject to indefinite storage.
This expansion of DNA collection from immigrants raises ethical, privacy, and human rights concerns. Critics argue that it could lead to increased surveillance and overpolicing of minority communities, especially as physical DNA samples contain an individual's full genetic blueprint. Additionally, there are concerns about the potential for abuse of genetic information, as seen in a case where a sexual assault victim's DNA was misused to convict them of an unrelated crime.
To address these concerns, states like California have implemented laws like the Genetic Information Nondiscrimination Act (SB 41), which seeks to protect citizens' genetic privacy and ensure their consent in the collection, use, and disclosure of their DNA. This law applies to both law enforcement and commercial online DNA databases.
While the collection of DNA samples from immigrants can aid in identification and crime investigation, it is essential to balance these benefits against the potential invasion of privacy and the risk of misuse of genetic information.
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DNA storage and privacy rights
DNA databases have become powerful tools for law enforcement, helping to clear innocent suspects, convict guilty criminals, and exonerate those who have been falsely convicted. The two countries with the largest DNA databases are the United States and Great Britain. In the US, the Combined DNA Index System (CODIS) is a Federal Bureau of Investigation (FBI) program that supports criminal justice DNA databases.
However, the collection and storage of DNA data have raised significant privacy concerns. In the US, the Fourth Amendment protects citizens against unreasonable searches and seizures, and the collection and use of DNA data have been the subject of legal debate in this context. While the courts have routinely upheld laws that authorize DNA collection from incarcerated individuals, there is greater controversy surrounding the collection of DNA from people who are arrested but not convicted. About 20 states and the federal government have passed legislation requiring DNA collection upon arrest, which has prompted concerns about potential violations of Fourth Amendment privacy guarantees.
The sensitivity and uniqueness of genomic data mean that DNA samples can rarely be truly anonymized. This has implications for both law enforcement databases and commercial genetic testing companies. In the case of law enforcement, the invasive nature of obtaining a DNA sample has been likened to "taking fingerprints as part of the routine booking process upon arrest," but there are concerns about the potential for abuse of genetic information stored in databases. While the Constitution protects citizens against unreasonable searches, the balance of reasonableness depends on weighing the extent of the invasion of privacy against the state's interest in fulfilling the search.
In the case of commercial genetic testing, companies like Ancestry.com and 23andMe have vast databases of consumers' genetic information. While many companies have robust privacy and informed consent policies, no federal laws in the US prohibit these companies from providing individuals' genetic information to third parties. This has led to concerns about the potential for surreptitious DNA testing, where testing is performed without the knowledge or consent of the individual being tested. Additionally, there have been instances of subpar data security, with companies storing genetic data in cloud storage accessible to the public. To address these concerns, recent laws like the Genetic Information Nondiscrimination Act (GINA) in California have sought to strengthen genetic privacy protections and require more transparency from companies regarding their data practices.
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DNA databases and their advantages
DNA databases are a powerful tool for law enforcement agencies. They can be used to identify suspects, exonerate the innocent, and convict the guilty. DNA typing in the criminal justice system has been used for direct comparisons of DNA profiles of evidence samples with profiles of samples from known suspects. This has been instrumental in solving crimes, especially rape cases, and has also helped to clear innocent suspects and redirect investigations.
The two countries with the largest DNA databases are the United States and Great Britain. The US Supreme Court has contributed to the increase in state DNA databases. In Maryland v. King, Alonzo King was arrested for assault but not convicted. His DNA was collected and compared to a database, which returned a match to an unsolved rape investigation. King was subsequently convicted of the rape.
In Virginia, Angel Anderson was convicted of rape when his DNA sample matched another in the state database. He was convicted of the earlier offence, despite appealing his conviction on Fourth Amendment grounds.
In England and Wales, anyone arrested on suspicion of a recordable offence must submit a DNA sample, which is stored on the database. Those not charged or found guilty have their data deleted within a specified period.
The Israeli national DNA database includes DNA profiles from suspected and accused persons and convicted offenders. It also includes an "elimination bank" of profiles from lab staff and police personnel.
However, there are concerns about the potential for abuse of genetic information stored in databases, and the lack of international safeguards to protect people's privacy and rights.
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Frequently asked questions
Collecting DNA from people who have been arrested but not convicted is a controversial issue. About 20 states and the federal government have passed legislation that requires DNA collection upon arrest, but this has raised concerns about the potential for abuse of genetic information stored in databases and whether it violates Fourth Amendment privacy guarantees.
This depends on the jurisdiction. Some states automatically expunge DNA data if there is no conviction, while others require the person to request expungement.
DNA databases are powerful tools for law enforcement, helping to identify suspects, clear innocent people, and convict guilty criminals. They can also be used for good in the medical field, such as identifying genetic patterns in diseases and understanding human evolution.
