Forensic DNA Databases in Europe: Ethical Challenges

Publication date: 2012-01-01
Pages: 169 - 178
ISSN: 978-1-61324-999-4
Publisher: Nova Publishers; New York

Author:

Caenazzo, L
Dierickx, Kris ; Yacine, Nadir ; Fellag, Ralph

Abstract:

Advances in DNA technology and the discovery of DNA polymorphisms have facilitated the creation of DNA databases of individuals for the purpose of criminal investigation. Therefore, a considerable range of possibilities have been opened up for criminal investigations, and if we compare the DNA profiles of biological evidence found at the crime scene, with the DNA profiles in the database, we can identify the possible perpetrator of the crime. Logically, as the number of citizens whose DNA has been analysed and included in a database increases, the probability of locating suspects also becomes greater. It became obvious that the value of a DNA database is directly related to the number of records that it contains. Depending on legislation in the country, samples and profiles may be stored permanently or for a limited time, routinely searched for matches with crime scene samples and used for familial searching. Some European countries have just legislated, or are drafting laws, with the aim of regulating databases for criminal purposes, with appropriate laws. The reason for the different regulations surrounding a biobank designed for medical research and a biobank designed for forensic investigation is that there are, obviously, different purposes in the balance between individual rights and justice interests. Forensic DNA databases can be useful in criminal investigations to identify socially dangerous individuals. However, it is important to ensure that the application of Forensic DNA databases does not contrast with individual civil rights and society liberties. Although the laws that regulate the institution of forensic DNA databases in the EU are basically similar, the Member States can still make different choices regarding the management of their national forensic DNA database. The aim of our paper is to evaluate and discuss, from an ethical point of view, some issues concerning the EU forensic DNA database management and which imply specific ethical attention and demand explicit policy choices that are collection of the DNA samples, minor's profiles inclusion and problems related to sample storage. The provisions regarding these issues are different among the European Countries and even if in those countries where legal provisions have been established, not everything is completely resolved and some legal implementations that take in account an ethical perspective still seem to be necessary. © 2012 by Nova Science Publishers, Inc. All rights reserved.