Inside England and Wales' DNA Regime 141
Sockatume writes "The UK's Human Genetics Commission has published its report on the collection of DNA by the Police forces in England and Wales. Currently, Police collect DNA from every suspect in a case which could lead to a criminal record, and retain that material, which the European Court of Human Rights has ruled illegal. The government plans to keep all DNA samples for suspects from England, Wales and Northern Ireland for up to six years, except for DNA from individuals arrested during terrorism-related investigations, which will be retained forever. The report states that the police frequently performed arrests solely to collect DNA, that certain demographics (such as young, black men) were 'very highly over-represented,' that there was 'very little concrete evidence' that the DNA database had any actual use in investigating crime, and that the database contained material from individuals arrested in Scotland and Northern Ireland, outside its remit. Of the 4.5m individuals in the database, a fifth have never received any convictions or cautions from the Police. The report recommends that an independent advisory body oversee the database, and that laws be passed to limit the uses of the database, while tracking those with access to it, and making misuse of the information a criminal offence."
For Starters the Obvious ... (Score:5, Interesting)
Police collect DNA from every suspect in a case which could lead to a criminal record ...
So they started with the politicians then?
I'm serious though, the people who passed this and put it into place should first enter their own DNA into the system as a sign of good faith and unwavering confidence that this system will never be used negatively to persecute anyone nor will it ever produce a false positive on a match.
The same should be done (Score:3, Interesting)
In the US too, and for fingerprinting as well.
Such evidence should only be collected without consent with a warrant and if the individual is not charged and convicted with a crime such evidence should be removed from any database/storage and destroyed/deleted. If it is taken with consent then the individual should have the right to ask that it be destroyed after the investigation is complete.
On a wider note many such police/law enforcement databases need to be more thoroughly regulated, including things such as "Do Not Fly" lists and terrorism suspects. There needs to be a clear legal way for both puting someone's name on the list, and removing it, as well there also needs to be a way for individuals to know why they are on any such list.
Just take it at birth like in the USSA (Score:3, Interesting)
Here in the United States they've taken your DNA from birth since the 1970's (even earlier if you were in the military or other government programs). Every state does it. They bury the "consent" form in the mountains of paperwork you need to sign while at the hospital. That's if they haven't gotten rid of the consent requirement. Minnesota got rid of parental consent in 1997.
Even though some states let you "opt out" by having them destroy the blood samples after the tests they still keep all the information obtained. They then sell that information to companies, who then patent your DNA. If you ever require gene therapy you'll have to pay that company a large sum to use your own DNA. Who knows what else they do to it.
http://www.cchconline.org/pdf/MINORITY%20REPORT%20Genetic%20Info%20-%20FINAL.pdf [cchconline.org]
The overseeing body should... (Score:3, Interesting)
... also be able to charge, fine, and incriminate the policemen who continue to do things illegally, thus setting example and ensuring better policemanship.
The police don't respect the law because very few people actually make them do it.
Make them.
Re:But... (Score:4, Interesting)
And don't forget the Phantom of Heilbronn:
http://en.wikipedia.org/wiki/Phantom_of_Heilbronn [wikipedia.org]
DNA doesn't provide conclusive evidence (Score:2, Interesting)
Misunderstanding how laws and enforcement works (Score:5, Interesting)
It's bizarre but there still seems to be this perception that the police are a fine bunch of chaps who will universally do their best to apply the rules sensibly and fairly. There are plenty of police officers who that description applies to, I'm sure - but that's not an excuse for lawmakers and the justice system to assume it holds universally true.
At the end of the day, the police are there - in practice - *to catch potential criminals*. Sorting out who is and isn't guilty is not their job, that's the job of the courts (as it should be). So the police don't really have an incentive to be especially fair or reasonable; that's not what we've tasked them with doing. What lawmakers sometimes seem to fail to understand is that if we pressure them to achieve "catch all the terrorists / criminals" then they'll try to do that, even if they "catch" many innocent people too. If we give them new tools to do that then *they will use them*. If the tools we give them are extremely blunt instruments, like the ability to hold innocent people's data on the DNA database, they're going to use them to their fullest extent. If we want them to behave sensibly, the laws need to be more focused and less open to abuse.
It's the same issue with various "anti-terror" laws. Allegedly local councils in the UK have used these to put people under surveillance for reasons unrelated to terrorism (like whether they're using their rubbish bins correctly and whether they live in the locality of a school they have applied to). We gave them overly broad legislation and assumed that they wouldn't use it, even though it helps them to do what they see as their job. None of these organisations can be relied upon to act in the best interests in society because each of them only sees part of the big picture - our politicians are *supposed* to maintain the balance of power with targeted legislation that results in society's best interests being served overall. That goal can't be reached by handing out disproportionate powers indiscriminately.
Re:bend over and take it (Score:3, Interesting)
In a civilized country, you don't have to kill people to make a point. You have discussions.
Re:Actaully, it seems pretty accurate (Score:4, Interesting)
The difference with DNA (and to some extent fingerprints) is that it turns the tables on the accused. You are supposed to be innocent until proven guilty, and it is up to the police to make that proof. Instead they now just go directly to the database, meaning that if the real criminal is not on there but your DNA is then it will be you who is arrested and now has to explain how your DNA got there while the police go through your life looking for anything they can to attack your character or use as leverage against you. Only have you have been ruled out will they look for the real perpetrator.
Even worse are the so called "voluntary" testing of entire communities. If a woman is raped and says it was by a white male age 20-35 the police have been known to ask all white males aged 20-35 in the area to submit a "voluntary" DNA sample. Anyone who refuses to "volunteer" becomes a suspect and has to explain their decision to decline, as well as being arrested and forced to give their DNA anyway and suffering all the consequences I already mentioned.
The balance between the police's power to investigate and that of citizens to be private is a tricky one. If you gave the police absolute power they could catch a lot more criminals, but you would also be living in a police state. I think you just have to accept that some people will literally get away with murder, but such is the price of freedom.
Re:Facts without analysis (Score:4, Interesting)