Data Sovereignty & Forensic Investigative Genetic Genealogy (FIGG): A Path Forward For Humanitarian & Mass Graves Investigations

Abstract

This paper addresses several issues concerning the ethical governance of forensic investigative genetic genealogy (FIGG) in humanitarian investigations that seek to identify decedents in mass graves, disaster victims, and to reconstruct past atrocities. FIGG is better suited to human remains investigations than existing forensic DNA methods, such as partial matching in CODIS databases, and for this reason its use has increased. However, survivor communities may not benefit from the use of FIGG to reconstruct past events and promote the goals of healing and reconciliation unless we first address several pressing issues with the ethical governance of FIGG in humanitarian investigations. These include a lack of trust on the part of survivor communities, concerns over privacy, autonomy, informed consent, and the future uses of genetic data that generate an unwillingness to provide DNA for forensic investigations. This paper looks at the movement of Indigenous data sovereignty, which posits that control over data should be put in the hands of those who are most affected by its use, and its potential to be used as a blueprint for the ethical governance of FIGG in all humanitarian investigations. This is illustrated through recent examples of data sovereignty being applied by FIGG investigators: the private, non-profit DNA Justice database, and the mass graves investigations at the Mother and Baby Home in Tuam, Ireland.