Commercial DNA tests and police investigations: a broad bioethical perspective

Abstract

Over 30 million people worldwide have taken a commercial at-home DNA test, because they were interested in their genetic ancestry, disease predisposition or inherited traits. Yet, these consumer DNA data are also increasingly used for a very different purpose: to identify suspects in criminal investigations. By matching a suspect’s DNA with DNA from a suspect’s distant relatives who have taken a commercial at-home DNA test, law enforcement can zero in on a perpetrator. Such forensic use of consumer DNA data has been performed in over 200 criminal investigations. However, this practice of so-called investigative genetic genealogy (IGG) raises ethical concerns. In this paper, we aim to broaden the bioethical analysis on IGG by showing the limitations of an individual-based model. We discuss two concerns central in the debate: privacy and informed consent. However, we argue that IGG raises pressing ethical concerns that extend beyond these individual-focused issues. The very nature of the genetic information entails that relatives may also be affected by the individual customer’s choices. In this respect, we explore to what extent the ethical approach in the biomedical genetic context on consent and consequences for relatives can be helpful for the debate on IGG. We argue that an individual-based model has significant limitations in an IGG context. The ethical debate is further complicated by the international, transgenerational and commercial nature of IGG. We conclude that IGG should not only be approached as an individual but also—and perhaps primarily—as a collective issue.

The use of COVID-19 contact tracing app data as evidence of a crime

“…[21] This investigative technique is known as investigative genetic genealogy or forensic genetic genealogy (hereafter FGG), which is defined as “the forensic genetic genealogical DNA analysis of a forensic or reference sample of biological material by a vendor laboratory to develop an FGG profile and the subsequent search of that profile in a publicly-available open-data personal genomics database or a direct-to-consumer genetic genealogy service.” [22] This investigative technique has also been used in other countries, including Sweden, the Netherlands, Canada, and the Philippines. [23] A Swedish case that has been compared to the Golden State Killer case in the U.S. is a 2004 double-murder in Linköping in which the suspect was similarly tracked down through commercial genealogy databases. [24]…”

Moral autonomy of patients and legal barriers to a possible duty of health related data sharing

“…Furthermore, there is the risk that the health data collected about the patient could be processed for other than medical purposes. For instance, law enforcement agencies might search genetic databases for investigative genetic genealogy to identify a suspect's ancestries, which has been a matter of concern (de Groot et al, 2021).…”

Bridging Disciplines to Form a New One: The Emergence of Forensic Genetic Genealogy

“…Ethical and privacy considerations on the overall practice of FGG are discussed in broad forums (e.g., industry meetings/conferences, institutional webinars, forensic committees/working groups, etc.) and there are published articles on this topic that provide valuable insight [ 36 , 37 ]. The ethics and privacy considerations should continually be discussed and reviewed as the field continues to grow to ensure the best interests of all citizens are protected.…”