Forensic DNA phenotyping: Developing a model privacy impact assessment

Abstract

Forensic scientists around the world are adopting new technology platforms capable of efficiently analysing a larger proportion of the human genome. Undertaking this analysis could provide significant operational benefits, particularly in giving investigators more information about the donor of genetic material, a particularly useful investigative lead. Such information could include predicting externally visible characteristics such as eye and hair colour, as well as biogeographical ancestry. This article looks at the adoption of this new technology from a privacy perspective, using this to inform and critique the application of a Privacy Impact Assessment to this emerging technology. Noting the benefits and limitations, the article develops a number of themes that would influence a model Privacy Impact Assessment as a contextual framework for forensic laboratories and law enforcement agencies considering implementing forensic DNA phenotyping for operational use.

Civil society stakeholder views on forensic DNA phenotyping: Balancing risks and benefits

“…This is because, when discussing the implications of a technology we can sometimes fall into the trap of singling out only particular issues which need addressing. For example, when implementing a technology in the criminal justice system, much discussion (though not all) in the forensic science literature has focused on the need to minimise infringements on privacy [71,[75][76][77][78]. Such a model can potentially miss the consideration of other key ethical, and particularly social impacts of the technology.…”

Protecting trust in medical genetics in the new era of forensics

“…10 This raises the ethical question of where the line is drawn, and what traits we allow to be predicted. 11 Predisposition to diabetes, Marfan syndrome, obesity, schizophrenia, bipolar disorder, and personality traits, among others, have been suggested as potential phenotypes that could be implemented in the future (despite ethical concerns). 12…”

Forensic inference of biogeographical ancestry from genotype: The Genetic Ancestry Lab

“…They are, nevertheless, important: see Scudder, McNevin, Kelty, Walsh, and Robertson () for a discussion. Privacy concerns can be addressed by the implication of a privacy impact assessment (Scudder, McNevin, Kelty, Walsh, & Robertson, ). It is also possible for intelligence information to mislead an investigation if not properly integrated into a general law enforcement intelligence framework (Scudder, Robertson, Kelty, Walsh, & McNevin, ).…”