Abstract
The article focuses on the provisions of the Criminal Law (Forensic Procedures) Amendment Act 37 of 2013, which established the National Forensic DNA Database (NFDD) of South Africa. The implications of DNA taking, retention, and profiling on an individual’s constitutional rights are discussed with special reference to the provisions of the Protection of Personal Information Act 4 of 2013 (POPIA). The value of DNA evidence in combating crime is not disputed. Policies relating to the parameters of the database and the duration of DNA storage are also highlighted. It is submitted that the different categories of expungement of DNA samples and profiles raise constitutional issues. The article also deliberates whether there is adequate awareness of rights and adequate resources to ensure the proper destruction or expungement of DNA samples. Although the writers are prima facie of the opinion that the individual’s right to privacy is not violated by the abovementioned Acts, only time will tell whether this opinion is correct.
Highlights
DNA profiling[1] began in England with Alec Jeffreys’s accidental discovery that variations in our DNA could be used to create unique and identifying deoxyribonucleic acid or DNA profiles or DNA “fingerprints”.2Profiling can be defined as the use of private information to place private behaviour under scrutiny
SUMMARY The article focuses on the provisions of the Criminal Law (Forensic Procedures) Amendment Act 37 of 2013, which established the National Forensic DNA Database (NFDD) of South Africa
The writers are prima facie of the opinion that the individual’s right to privacy is not violated by the abovementioned Acts, only time will tell whether this opinion is correct
Summary
DNA profiling[1] began in England with Alec Jeffreys’s accidental discovery that variations in our DNA could be used to create unique and identifying deoxyribonucleic acid or DNA profiles or DNA “fingerprints”.2. Profiling can be defined as the use of private information to place private behaviour under scrutiny. It has two main components, namely the generation of a profile and the application thereof. DNA profiling raises constitutional and privacy concerns because the maintenance of a DNA databank involves the collecting and retaining of genetic samples from a select group of individuals. Policies in some countries limit the extent of information that may be determined from the DNA sample, the right to privacy is still affected by profiles’ retention, given the substantial amounts of unique personal data contained in them, including information about familial relationships and ethnic origin. It focuses on the provisions of the Criminal Law (Forensic Procedures) Amendment Act 37 of 2013, which established the National Forensic DNA
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