Transcript The Importance of Forensic DNA Legislation

Presentation Before the Portfolio
Committee for Police
A Global Perspective on Forensic
DNA Database Legislation
By
Chris Asplen
Vice President
Gordon Thomas Honeywell Governmental Affairs
Some General Propositions

South Africa can become an example not only for
Africa, but for the rest of the world on the effective
use of forensic DNA Databases
 Laboratory
infrastructure already in place
 Sophisticated robotics system



Most countries have to pass a law before they build
their laboratory infrastructure
Recognition that backlogs represent lives lost
No legislation is worse than imperfect legislation
The Importance of Forensic DNA
Legislation

There are over fifty Countries throughout the world that
have already passed DNA Database legislation

Every Country in Europe


United States



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Every state has passed separate legislation
Australia


Required by EU legislation for data sharing
Every State has passed separate legislation
Canada
Russia
Kenya
Malaysia
The Importance of Forensic DNA
Legislation

No country has every reduced the scope of DNA
database testing done

Countries have only every expanded database
utilization based on:


The effectiveness of the databases
The security of the Database systems

NO example of Database misuse anywhere in the world
The Importance of Forensic DNA
Legislation

Each Country and State has had to address similar
issues that arise in the context of Forensic DNA
databasing

Always in the context of its own legal, historical and cultural
frameworks


Example – Destruction of samples in Germany
While each DNA database legislation is different,
there are many issues which, after extensive scientific
and legal research, have been addressed in very
similar ways.

In other words there need be no reinvention of the wheel
The Importance of Forensic DNA
Database Legislation

Some of these issues include:
 The
creation of forensic DNA sample backlogs
 The protection of Human / Constitutional and other
legal rights.
 Sample and profile retention
 The type of sample to be collected and who may
collect it
The Creation of Forensic DNA
Sample Backlogs

This is a natural part of the Forensic DNA
integration process;
 By
nature of passing legislation, that day, police are
tasked with analyzing a volume of samples previously
non-existent.
 The existence of a DNA database itself will drive the
increased utilization of DNA technology and evidence
collection.
 Once
the database is operational and police see the value
of it, they will want to use it more.
The Creation of Forensic DNA
Sample Backlogs

Most Countries throughout the world have utilized
private laboratories to accommodate backlogs
created by forensic DNA database legislation
 US
spends $100 million per year on contracted services
 UK utilizes three separate private laboratories
 Germany listed the specific laboratories in its
legislation.
The Protection of Human / Constitutional and other
Legal rights.
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No Forensic DNA Database has ever been
overturned.
Challenged in every country
Marper case was only about the retention of
profiles after a determination of innocence
 The
united Kingdom was the only country in the world
that maintained samples in this fashion.
 Decision had no impact on any other country database
Sample and Profile and Retention

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
Very country specific
Most countries attach sample destruction to profile
retention.
Germany and Belgium destroy samples
 Only

countries that destroy samples
Any expungement provision MUST allow adequate
time for law enforcement to logistically remove
samples
The Type of Sample to be Collected and
Who May Collect It

No country in the world mandates that samples be
taken
 By
blood
 By medical personnel
 Exceedingly
expensive
 Very dangerous
 Scientifically not necessary