The UK National DNA Database. Balancing crime detection, human rights and privacy.

Abstract

In 1994, the UK created the legal basis for a national DNA database of people who have been convicted of all but the most trivial offences. Since its creation one year later, the National DNA Database (NDNAD) has grown to include DNA samples from 2.7 million individuals—about 5.2% of the UK population (Home Office, 2006)—many of whom have never been charged with, or convicted of, any offence. It is the oldest, largest and most inclusive national forensic DNA database in the world. Under current law, it might expand to include 25% of the adult male population, along with about 7% of adult women (Williams & Johnson, 2005a). > …an estimated 50,000 profiles might have been kept illegally in the database before the 2001 law was changed Given its broad coverage, the database has raised concerns about privacy, government surveillance and human rights (McCartney, 2004; Williams & Johnson, 2004). These repercussions stretch beyond the borders of the UK, as many other countries are considering the creation or expansion of similar forensic DNA databases (Williams & Johnson, 2005b). For instance, New York State Governor George Pataki has sought to take DNA samples from people convicted of any misdemeanour—a proposal that has met with widespread criticism—and other states are planning to take DNA samples on arrest. “I still firmly believe in the power of DNA to catch the guilty and exonerate the innocent,” wrote Harlan Levy, a former assistant district attorney in New York City (Levy, 2006). “But for all this technology's promise, proposals by some to extend DNA databanks far beyond convicted felons, and even to the general population, go too far.” It is therefore important to take a closer look at the NDNAD, the legal and social controversies it has created, and whether its expansion following changes to the law …