DNA points to chasm in the law
1999-11-22
Oh dear, oh dear. There are few areas which show how woefully inadequate the law was to meet the needs of this information age, than the subject of DNA data. As recently discussed on Wired, for example, only 3 states in the US have laws prohibiting the unauthorised release of DNA material which could be used for testing. Similarly, in the UK DNA testing looks like it will quickly become the norm. These weaknesses, coupled with the unseemly rush towards DNA testing, suggest something needs to be done fast to ensure that civil liberties are protected.
The human genome project is progressing stunningly well, so it seems likely that the whole of the DNA structure will be identified and mapped within ten years. Such advances are impressive, as are the benefits of such research. As usual, however, the protective measures against the misuse of such information lag behind the research. There will be an inevitable period where, in certain areas, Joe Public is at a disadvantage relative to the early adopters of the new technology. One such area looks set to be law making itself.
Several questions arise. Like the unauthorised taking of fingerprints, can officers legally take tissue samples without consent? Like with the debate over ID cards, would those people refusing to participate be treated differently to those that consent? As the capabilities of DNA testing are developed, exactly what information should be made available to the police, for example genetic defects or genes which indicate violent or other tendencies? This is not meant to be a Luddite diatribe, but the fact remains that many, many questions remain unanswered, and all the while technologies are improving and policing organisations are looking to how they might benefit.
It is nigh time to open these questions up to broader debate. Police authorities and law enforcement organisations worldwide would seem to be ahead of the wider public on these issues, who would do well to catch up.
(First published 22 November 1999)