A Privacy Review of DNA Databases
Natalie A. Bennett · The Knowledge Bank (The Ohio State University) · 2008
Since the 199os, DNA profiles have proved to be a useful law enforcement tool.The government currently stores and retains DNA samples in state-maintained databases that are linked together in a centralized National DNA Index System.Legislation varies widely from state to state concerning what classes of offenders are incorporated into such databases, and many states-recognizing the importance of expanding DNA databases-are increasing the number of individuals eligible for database inclusion.This trend of broadening inclusion has prompted a wide range of privacy concerns and presents potentially problematic ethical and social consequences.This note examines a spectrum of academic and governmental commentaries focusing on the ethical, legal, and social implications of forensic DNA profiling.The article explains the technical nature of these databases as an investigative tool and weighs the pros and cons related to their use.The article then further examines current and future policy goals of DNA database programs, including: whether it is appropriate to retain samples; what types of samples are most pertinent for retention; and what is the appropriate scope of inclusion for individuals in a national system.After examining statutory frameworks already in place at the state level, the note concludes by evaluating the projected role of the courts in settling Fourth Amendment challenges arising from continued DNA database expansion.