The Hastings Center Bioethics Briefings are nonpartisan overviews of key issues in bioethics contributed by leading bioethicists. Topics include DNA and law enforcement, gene patents, and genetic testing and screening, stem cells, synthetic biology, and others.
This statute provides protections for the privacy of DNA samples and the results of DNA analysis. DNA samples and the results of DNA analysis are the exclusive property of the person sampled or analyzed. Samples collected and analyses conducted for the DNA registry, law enforcement purposes, paternity testing, newborn screening, and emergency medical treatment are exempt. The statute sets forth civil and criminal penalties for violations of the law.
Criminal DNA profiling could soon include phenotypic markers for attributes such as eye, skin, and hair color, gait, ancestry, and predisposition to behavioral traits such as smoking. This technology, referred to as forensic DNA phenotyping (FDP), transforms the existing function of criminal DNA profiling from confirming a suspect's identity to predicting it. The field of forensic genetics will have to confront the ethical and social challenges that FDP will raise.
As concerns for border security increase, policymakers are turning to genomics as a biometric for tracing individuals entering the country, identifying missing migrants' remains, processing refugee claims, and screening for human trafficking. Increasingly, genomic information is a part of legislation and policy as a universal and sustainable biometric. Genetic verification of claimed relationships is required for some refugees and proposed legislation would expand this practice.
Public Health Relevance Section Policies in the U.S. increasingly rely upon genomic information as a biometric to inform visa application processes, by verifying biological relationship claims or statehood claims, and broad DNA collection from non-criminals may help with missing persons, disaster victim, and terrorism investigations. The societal implications of these genomic applications are broad, with benefits and risks to the individuals undergoing testing, the communities in which they live, and the nation at large.