BILL S-231: The Ethics of Familial and Genetic Genealogical Searching in Criminal Investigations
Recent breakthroughs in criminal investigations, especially of high-profile cold cases, have helped to consolidate the role of DNA analysis in investigative contexts. Consequently, some jurisdictions are looking to expand DNA collection and analysis methods. In Canada, legislation has been proposed...
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| Format: | Article |
| Language: | English |
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Programmes de bioéthique, École de santé publique de l'Université de Montréal
2023-12-01
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| Series: | Canadian Journal of Bioethics |
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| Online Access: | https://cjb-rcb.ca/index.php/cjb-rcb/article/view/640 |
| _version_ | 1827593081598246912 |
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| author | Katharina Clausius Erin Kenny Michael Crawford |
| author_facet | Katharina Clausius Erin Kenny Michael Crawford |
| author_sort | Katharina Clausius |
| collection | DOAJ |
| description |
Recent breakthroughs in criminal investigations, especially of high-profile cold cases, have helped to consolidate the role of DNA analysis in investigative contexts. Consequently, some jurisdictions are looking to expand DNA collection and analysis methods. In Canada, legislation has been proposed to expand the National DNA Databank (NDDB) and to allow familial searching in criminal and forensic investigations. This article outlines the ethical implications of the proposed legislation and, more broadly, of genealogical methods already in use that operate outside the NDDB and rely heavily on for-profit and consumer DNA services. Current DNA analysis within the criminal justice system is heavily regulated and provides important protections not only for individuals but also for genetic relatives whose biometric data is indirectly implicated. In contrast, familial searching poses risks for offender privacy as well as for their relatives. Additionally, the expanding practice of genetic genealogical searching relies on unregulated commercial products that use different technology to expose highly detailed genetic information. This technology falls short of rigorous investigational standards and poses significant problems for informed consent. We conclude that expanding DNA collection within the NDDB to include familial searching risks exacerbating existing systemic bias and that genetic genealogical searching outside of the NDDB is incompatible with existing Canadian legislation that safeguards privacy, genetic non-discrimination, and fundamental rights and freedoms.
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| first_indexed | 2024-03-09T02:05:53Z |
| format | Article |
| id | doaj.art-a70f51893deb464aaf0c712fc7196ede |
| institution | Directory Open Access Journal |
| issn | 2561-4665 |
| language | English |
| last_indexed | 2024-03-09T02:05:53Z |
| publishDate | 2023-12-01 |
| publisher | Programmes de bioéthique, École de santé publique de l'Université de Montréal |
| record_format | Article |
| series | Canadian Journal of Bioethics |
| spelling | doaj.art-a70f51893deb464aaf0c712fc7196ede2023-12-07T19:21:57ZengProgrammes de bioéthique, École de santé publique de l'Université de MontréalCanadian Journal of Bioethics2561-46652023-12-0163-410.7202/1108003arBILL S-231: The Ethics of Familial and Genetic Genealogical Searching in Criminal InvestigationsKatharina Clausius0Erin Kenny1Michael Crawford2Département de littératures et de langues du monde, Université de Montréal, Montréal, Québec; Department of Political Sciences, University of Windsor, Windsor, Ontario, CanadaForensic Sciences Program, University of Windsor, Windsor, Ontario, CanadaDepartment of Biomedical Sciences; Department of Philosophy; Centre for Research in Reasoning, Argumentation and Rhetoric, University of Windsor, Windsor, Ontario, Canada Recent breakthroughs in criminal investigations, especially of high-profile cold cases, have helped to consolidate the role of DNA analysis in investigative contexts. Consequently, some jurisdictions are looking to expand DNA collection and analysis methods. In Canada, legislation has been proposed to expand the National DNA Databank (NDDB) and to allow familial searching in criminal and forensic investigations. This article outlines the ethical implications of the proposed legislation and, more broadly, of genealogical methods already in use that operate outside the NDDB and rely heavily on for-profit and consumer DNA services. Current DNA analysis within the criminal justice system is heavily regulated and provides important protections not only for individuals but also for genetic relatives whose biometric data is indirectly implicated. In contrast, familial searching poses risks for offender privacy as well as for their relatives. Additionally, the expanding practice of genetic genealogical searching relies on unregulated commercial products that use different technology to expose highly detailed genetic information. This technology falls short of rigorous investigational standards and poses significant problems for informed consent. We conclude that expanding DNA collection within the NDDB to include familial searching risks exacerbating existing systemic bias and that genetic genealogical searching outside of the NDDB is incompatible with existing Canadian legislation that safeguards privacy, genetic non-discrimination, and fundamental rights and freedoms. https://cjb-rcb.ca/index.php/cjb-rcb/article/view/640genetic genealogyfamilial searchingcriminal investigationsBill S-231genetic privacydiscrimination |
| spellingShingle | Katharina Clausius Erin Kenny Michael Crawford BILL S-231: The Ethics of Familial and Genetic Genealogical Searching in Criminal Investigations Canadian Journal of Bioethics genetic genealogy familial searching criminal investigations Bill S-231 genetic privacy discrimination |
| title | BILL S-231: The Ethics of Familial and Genetic Genealogical Searching in Criminal Investigations |
| title_full | BILL S-231: The Ethics of Familial and Genetic Genealogical Searching in Criminal Investigations |
| title_fullStr | BILL S-231: The Ethics of Familial and Genetic Genealogical Searching in Criminal Investigations |
| title_full_unstemmed | BILL S-231: The Ethics of Familial and Genetic Genealogical Searching in Criminal Investigations |
| title_short | BILL S-231: The Ethics of Familial and Genetic Genealogical Searching in Criminal Investigations |
| title_sort | bill s 231 the ethics of familial and genetic genealogical searching in criminal investigations |
| topic | genetic genealogy familial searching criminal investigations Bill S-231 genetic privacy discrimination |
| url | https://cjb-rcb.ca/index.php/cjb-rcb/article/view/640 |
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