Abstract

This chapter discusses how and why innocent people whose DNA profiles are included in DNA databases may be vulnerable to stigmatization or prejudicial treatment. It draws on experiences from the operation of the National DNA Database (NDNAD) in Britain. DNA profiles within a database allow a form of biological tagging or “biosurveillance,” which can be used to establish whether someone has been present at a particular location. Although DNA has helped the criminal justice system, the length of time a DNA profile is stored in a databank and the amount of information listed may lead to stigmatization or prejudicial treatment. The practice of indefinite retention has been criticized by many and was eventually challenged before the European Court of Human Rights (ECHR), who ruled unanimously that the UK Government was in breach of the right to privacy.

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