Anaya Nolan
The use of genealogy websites and DNA databases by law enforcement agencies has raised ethical and privacy concerns. While some argue that these tools are essential for solving crimes and bringing criminals to justice, others believe that accessing personal genetic data without consent violates individual privacy. Law enforcement agencies have used genealogy websites and DNA databases to identify suspects in criminal cases, including the Golden State Killer case. This has led to discussions about the appropriate use of these tools and the need for clear policies and regulations governing their use by law enforcement. While some companies, such as 23andMe and Ancestry, strongly protect their customers' data from law enforcement, others, like FamilyTreeDNA and GEDmatch, allow limited access under specific circumstances. As the use of genetic genealogy techniques by law enforcement becomes more common, the debate around balancing privacy rights with investigative needs continues.
| Characteristics | Values |
|---|---|
| How law enforcement accesses DNA data | By using third-party DNA databases that are open for law enforcement use |
| DNA database used to catch the Golden State Killer | GEDmatch |
| Companies that allow their DNA databases to be used by law enforcement | GEDmatch PRO, FamilyTreeDNA (FTDNA), and DNA Justice |
| Companies that deny access to law enforcement | Ancestry, 23andMe, MyHeritage |
| Companies that require users to opt-in to having their DNA samples compared with samples uploaded by criminal investigators | FamilyTreeDNA |
| Companies that have their own Investigative Genetic Genealogy unit | FamilyTreeDNA |
| Companies that will notify users if their data is accessed by law enforcement | 23andMe |
| Public opinion on law enforcement access to DNA databases | Majority support police searches of genetic websites that identify genetic relatives (79%) |
| Public opinion on law enforcement access to DNA databases for violent crimes | 80% support |
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What You'll Learn
Privacy concerns
The use of genealogy data by law enforcement to solve crimes has raised privacy concerns. While some people support the use of this investigative technique, particularly for violent crimes, others worry about the potential for genetic discrimination and the lack of transparency around how their data is being used.
User Consent and Transparency
Some genealogy companies, such as 23andMe and Ancestry, have stated that they will resist attempts by law enforcement to access their databases. 23andMe has said that it will use every legal remedy possible to challenge attempts to access user data without consent. Other companies, such as FamilyTreeDNA, require users to opt in to having their DNA samples compared with samples uploaded by criminal investigators. However, it is unclear whether users of these sites fully understand that their genetic data is accessible to law enforcement. This lack of transparency has led to concerns about user consent and the potential for genetic discrimination.
Genetic Discrimination
There is a risk that genetic information could be used for employment or insurance discrimination through the reidentification of genomic data. While this risk has been debated, with some arguing that genome reidentification is a complex process that is not widely used, others argue that the potential for harm exists and that the public is concerned about the security of their genetic data.
Privacy and Ethical Concerns
The use of genealogy data by law enforcement has also raised ethical concerns about the potential for misuse of personal information. In the case of the Golden State Killer, investigators used a genealogy website to identify the suspect by first identifying his relatives. This led to concerns about the potential for innocent relatives of criminals to come under suspicion. Additionally, the collection and sharing of personal data by companies like Facebook and Cambridge Analytica have raised questions about the security of digital data, including genetic profiles.
Legal Questions
There are also legal questions surrounding the use of genealogy data by law enforcement. While a genealogy search triggered by DNA collected from a crime scene may not count as a "search" under the Fourth Amendment, the legal theory of "abandonment doctrine" holds that individuals have no "reasonable expectation of privacy" in abandoned materials. However, the applicability of this theory to genetic data is questionable, and the public may still have legitimate worries about the privacy of their genetic information.
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Public opinion
On one hand, many people believe that using genealogy data can be a valuable tool for law enforcement to identify perpetrators of violent crimes, crimes against children, or locate missing persons. In a survey of 1,587 respondents, the majority supported police searches of genetic websites that identify genetic relatives (79%) and the disclosure of genetic testing customer information to the police (62%).
However, respondents were significantly less supportive when the purpose was to identify perpetrators of nonviolent crimes (39%). Additionally, some people have raised concerns about the privacy and ethical implications of law enforcement accessing DNA data without individuals' knowledge or consent. They argue that individuals who contribute to genetic genealogy databases have an expectation of privacy and that their genetic information should not be used without their consent. There are also concerns about the potential for genetic discrimination and the risk of employment or insurance discrimination through reidentification of genomic data.
While some genealogy companies, such as 23andMe and Ancestry, have resisted law enforcement access to protect their customers' privacy, others, like FamilyTreeDNA, allow law enforcement access with user consent.
As the use of genetic genealogy by law enforcement becomes more common, the public remains concerned about the security of their genetic data. There have been calls for appropriate safeguards, transparency, and formalized standards to address these concerns and ensure that individuals' genomic data is protected.
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Law enforcement access
In the case of the Golden State Killer, for example, detectives in California used a public genealogy database to identify the suspect, Joseph James DeAngelo. This led to applause from scientific experts but also sparked concerns about privacy and ethics. Since then, there have been discussions and surveys trying to gauge public opinion on the matter.
Some companies, like 23andMe, Ancestry, and MyHeritage, have taken a strong stance against giving law enforcement access to their DNA databases. 23andMe has stated that they will use every legal remedy possible to challenge any warrant that demands access to their customers' data. Similarly, Ancestry has closed its database to everyone except customers who willingly submit a saliva sample. On the other hand, companies like FamilyTreeDNA and DNA Justice do allow law enforcement access under certain circumstances and with user consent.
The law enforcement access to DNA databases has been further complicated by the involvement of third-party databases. GEDmatch, for instance, is a public genealogy DNA database where DNA data from various direct-to-consumer genetic testing companies can be uploaded and compared. This means that even if a company does not directly grant law enforcement access, their customers' data might still end up on a platform that law enforcement can search.
To address these concerns, some states, like Maryland, have proposed legislation to ban forensic genealogy searches by state law enforcement agencies. The U.S. Department of Justice (DOJ) has also issued a policy limiting searches by federal law enforcement agencies to violent crimes and DNA profiles with user consent.
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Genealogy company policies
The policies of genealogy companies regarding law enforcement access to customer data vary. Some companies, such as 23andMe, Ancestry, and MyHeritage, have stated that they will actively resist attempts by law enforcement to access their customers' DNA data without consent. 23andMe, for instance, has stated that it will "use every legal remedy possible" to challenge warrants allowing police to search their database. Similarly, Ancestry reminds customers that "you own your data and you always maintain ownership of it," and that they may request that their data or account be deleted at any time.
However, 23andMe also notes that under certain circumstances, customer information may be disclosed pursuant to a judicial or government subpoena, warrant, or order, and that the company will comply with valid governmental requests. FamilyTreeDNA has a similar policy, stating that customers who opt into Investigative Genetic Genealogy Matching (IGGM) consent to having their information accessed and searched by law enforcement agencies directly or through third-party licensees. GEDmatch, which was used by police to identify the Golden State Killer, initially allowed law enforcement to access all DNA profiles on its site but later restricted access to participants who had given consent.
A review of 22 companies' and databases' policies found that only four provided additional information on how law enforcement agencies should request permission to use their services, while two databases adopted a different approach by providing a special service for law enforcement. The rapidly evolving popularity of direct-to-consumer genetic genealogy companies has raised concerns about the potential for unintended third-party access to genomic information, including by law enforcement.
Some companies, such as Record Click, emphasize their commitment to protecting customer privacy and state that they will never share customer information. It is important for customers to review the privacy policies and terms of service of genealogy companies before submitting their DNA data to understand how their information may be used and shared.
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Ethical implications
The use of genealogy data by law enforcement to solve crimes raises several ethical concerns. Firstly, individuals hold differing opinions on whether solving crimes justifies the use of genealogy data, which can indirectly implicate relatives and inconvenience innocent suspects. While some support the use of genealogy data for crime-solving, others argue that it invades privacy and raises concerns about data protection.
Another ethical implication pertains to informed consent. Many users of genealogy services may be unaware that their genetic data can be accessed by criminal investigators. Genealogy services should thus be transparent about the potential use of their customers' data for forensic purposes and obtain explicit consent. This is particularly important as the use of genealogy data by law enforcement can have far-reaching consequences, affecting not only the individual but also their relatives.
The surreptitious collection of DNA samples by law enforcement is not new, but the combination of DNA analysis with traditional genealogy research has brought this issue into sharper focus. The Biometrics and Forensics Ethics Group (BFEG) in the UK, for instance, has been tasked with examining the compatibility of this practice with the right to privacy under Article 8 of the European Convention on Human Rights (ECHR). In the US, the Fourth Amendment, which protects against unreasonable searches and seizures, may also be relevant in this context.
To address these ethical concerns, some have advocated for the adoption of formalized standards and mechanisms of accountability, with restrictions on the use of DNA evidence. For instance, forensic genealogy could be used as an investigative tool rather than primary evidence of criminal wrongdoing. Additionally, legislation and policies that impose enforceable limits on investigative genetic genealogy, such as the DOJ interim policy and the proposed Maryland bill, can help balance the need for solving crimes with the protection of individual privacy rights.
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Frequently asked questions
Law enforcement can access DNA data from genealogy companies by obtaining a warrant or court order, or through a subpoena. They can then use this to request that genealogy companies provide access to their databases.
It depends on the company. Some companies, such as 23andMe, Ancestry, and MyHeritage, are strongly opposed to giving law enforcement access to their databases. Other companies, such as FamilyTreeDNA and GEDmatch, allow law enforcement access under certain circumstances, such as with user consent or for investigations into violent crimes.
There are privacy and ethical concerns regarding law enforcement accessing DNA data from genealogy companies without an individual's consent. This includes the potential for relatives who have not submitted DNA to come under suspicion and the sharing of intimate digital data without permission.
Some companies have implemented policies to protect user privacy, such as requiring user consent or limiting law enforcement access to investigations into violent crimes. Additionally, legislation has been proposed to ban or limit forensic genealogy searches by law enforcement, such as the bill in Maryland.
