Combining Familial Searching and Abandoned DNA: Potential Privacy Outcomes and the Future of Canada's National DNA Data Bank

Authors

Amy Conroy

Keywords

National DNA Data Bank (NDDB), genetic privacy, section 8

Abstract

This article aims to respond to the government’s request by explaining the nature of that relationship and by arguing that the combined use of familial searching and analysis of abandoned DNA would present a serious risk for genetic privacy. The risk is particularly acute given that it would effectively circumvent the existing justification for the NDDB, leading to inclusion of individuals whose DNA profiles have not been uploaded directly onto the data bank. To substantiate this main argument, this article proceeds in three parts. The first describes the current Canadian law on familial searching and the ongoing interest in amending the DNA Identification Act to allow use of this technique on NDDB data. The second part explains the current Canadian law on police use of abandoned DNA, which has largely been shaped by section 8 claims in a series of post-Charter cases. The third part explains how police might depend on the current law allowing broad police use of abandoned DNA to facilitate follow-up on leads derived from familial searching of NDDB information. The possibility presents a major policy consideration that must be acknowledged within the discussion of whether and to what extent familial searching of the NDDB should be authorized in Canada.

Recommended Citation

Amy Conroy, "Combining Familial Searching and Abandoned DNA: Potential Privacy Outcomes and the Future of Canada's National DNA Data Bank" (2014) 12:2 CJLT.