Cecily Zamora
The use of genealogy companies by law enforcement has become more common since the arrest of the Golden State Killer in 2018. Law enforcement uses these companies' databases in criminal investigations to generate suspect leads from forensic samples. These databases are not maintained by law enforcement but by direct-to-consumer genetic testing companies such as AncestryDNA, 23andMe, MyHeritage, and Family Tree DNA. While some companies allow their databases to be used for criminal investigations, others deny access to law enforcement to protect their customers' privacy.
| Characteristics | Values |
|---|---|
| Use of genealogy companies by law enforcement | To generate suspect leads from forensic samples in criminal investigations |
| Commercial genealogy companies | GEDmatch, AncestryDNA, 23andMe, MyHeritage, Family Tree DNA, and DNA Justice |
| Law enforcement access | Emergency requests, Mutual Legal Assistance Treaty request, letter rogatory, subpoena |
| User privacy | Users may not be aware their data can be accessed by law enforcement |
| User consent | Some companies will fight to keep criminal investigators out of their databases |
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What You'll Learn
Law enforcement uses genealogy companies to solve crimes
The use of genealogy companies by law enforcement to solve crimes has become increasingly common since the arrest of the Golden State Killer in 2018. This development has sparked discussions about the legal and ethical implications of such practices.
Law enforcement agencies have turned to genealogy companies and their genetic databases to generate investigative leads and solve cold cases. By using genetic genealogy, investigators can identify potential suspects by matching DNA samples from crime scenes with those in the databases. This technique, known as investigative forensic genetic genealogy (iFGG), combines genetic genealogy with traditional genealogy methods to narrow down the list of potential suspects.
While some genealogy companies actively resist law enforcement access to their databases, citing customer privacy concerns, others have established clear policies allowing for collaboration under specific circumstances. For example, companies like GEDmatch, FamilyTreeDNA, and DNA Justice explicitly permit the use of their databases for criminal investigations. In contrast, companies such as AncestryDNA, 23andMe, and MyHeritage have expressed their commitment to protecting customer data from law enforcement intrusion.
The use of genetic genealogy databases by law enforcement has raised concerns about genetic privacy and the potential for misidentification. Critics argue that accessing these databases violates individuals' expectations of privacy and turns innocent people into potential suspects simply because they chose to participate in such services. Additionally, there is a risk of missteps, as seen in the Golden State Killer case, where investigators initially targeted the wrong person, highlighting the potential for reputational damage and emotional distress.
As the use of genealogy companies by law enforcement becomes more prevalent, the establishment of clear guidelines and a unified terminology is essential. A common nomenclature will promote consistency and understanding across jurisdictions, facilitating further research and discussions surrounding the legal and ethical implications of these practices.
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Genealogy companies help generate suspect leads
The use of genealogy companies by law enforcement has gained prominence since the arrest of the Golden State Killer in 2018. This method, known as investigative forensic genetic genealogy (iFGG), involves combining genetic genealogy with traditional genealogy to generate suspect leads in criminal investigations. iFGG has been used in hundreds of cases in the United States and has also been employed in Europe and Australia.
While some genealogy companies, such as 23andMe and AncestryDNA, are hesitant to grant law enforcement access to their databases, others have established clear policies allowing for it. For example, FamilyTreeDNA requires users to opt-in to having their DNA samples compared with those uploaded by criminal investigators, and they have even started their own Investigative Genetic Genealogy unit. GEDmatch, a free open platform where DNA data from various companies can be uploaded for comparison, was the database used to track down the Golden State Killer.
The process of using genealogy companies to generate suspect leads typically involves the following steps:
- Law enforcement uploads forensic DNA samples to the genealogy database.
- The database generates a list of potential genetic relatives based on the amount of shared DNA data, with closer relatives having higher genetic similarity.
- The list of potential relatives is vetted by law enforcement, sometimes with the help of genealogists, to narrow it down to a few suspects.
While the use of genealogy companies by law enforcement has proven successful in solving crimes, it has also raised concerns about genetic privacy. Some individuals may not be aware that their genetic data can be accessed by law enforcement or that their relatives' participation in these databases could lead to their own genetic information being shared without their consent. As a result, there is a need for further discussion and research on the ethical implications of law enforcement's use of genealogy companies and the development of standardized policies and terminology to regulate this practice.
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DNA-based searching methods are used to find relatives
DNA-based searching methods are used by law enforcement to find relatives of a donor of a crime scene sample. These methods include investigative forensic genetic genealogy (iFGG), Y-STR database searching, and investigative genetic genealogy (IGG). The first two strategies use forensic DNA databases managed by the government, while the latter uses databases managed by private citizens or companies. The power of these DNA-based searching methods depends on the size of the corresponding DNA database and the presence of the relevant target population (genetic relatives) in the database.
These databases are not maintained by law enforcement but by direct-to-consumer genetic testing (DTC-GT) companies such as AncestryDNA, 23andMe, MyHeritage, and Family Tree DNA (FTDNA). These may be referred to as 'commercial DNA databases'. The database used to track down the Golden State Killer (GSK), GEDmatch, is not maintained by a DTC-GT but is an open platform where DNA data from various DTC-GT companies can be uploaded for comparison and may be referred to as a 'public genealogy DNA database'.
The end product of a third-party DNA database search is a list of potential genetic relatives whose closeness to the forensic sample depends on the amount of SNP data they share, expressed in centimorgans (cM). This 'genetic association' process assumes that the more DNA data they share, the higher the cM values generated between them. The list of putative genetic relatives is then vetted by law enforcement with a genealogist to narrow it down to one or a few suspects per SNP profile.
The use of commercial genetic genealogy databases by law enforcement has gained prominence since the arrest of the Golden State Killer in 2018 and has been used in hundreds of cases in the United States and, more recently, in Europe and Australia. However, it does not have a standard nomenclature and scope, and there are potential privacy and legal considerations to address.
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Some genealogy companies deny access to law enforcement
The use of genealogy companies by law enforcement has been a prominent strategy since the arrest of the Golden State Killer in 2018. These companies provide DNA-based searching methods, which are useful in criminal investigations. However, some genealogy companies have strict policies regarding law enforcement access to user information.
Ancestry.com, for instance, requires valid legal processes in writing before producing any personal information about its users. They also notify users prior to turning over any information, allowing them to challenge the request unless prevented by law. Additionally, Ancestry.com differentiates between law enforcement requests outside and within the United States. For international requests, a Mutual Legal Assistance Treaty request or letter rogatory may be required, and they must be directed to Ancestry Ireland Unlimited Company. In the U.S., Ancestry releases basic subscriber information as defined by law and only in response to a valid trial, grand jury, or administrative subpoena.
Another company, FamilyTreeDNA, acquired by an Australian genomics company in 2021, automatically opts its users out of Investigative Genetic Genealogy Matching (IGGM). This means that users who opt out of IGGM will not be visible as matches to law enforcement registered accounts, although they can still view those accounts as matches.
DNA Justice, a non-profit undertaking, also assures that their database is solely for the public's benefit and is not motivated by profit or personal enrichment. They claim that they will never seek to profit from law enforcement or the public.
These companies' policies demonstrate a commitment to balancing user privacy with law enforcement needs. While some genealogy companies deny unrestricted access to law enforcement, they often provide mechanisms for controlled disclosure under specific circumstances.
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There are privacy concerns around law enforcement accessing genealogy databases
Law enforcement agencies have been using genealogy companies to solve crimes, particularly cold cases, by identifying the perpetrators or victims of violent crimes. This practice, known as investigative forensic genetic genealogy (iFGG), involves the use of commercial genetic genealogy databases, such as GEDmatch, FamilyTreeDNA, and 23andMe, to generate suspect leads from forensic samples.
However, there are privacy concerns around law enforcement accessing genealogy databases. The use of these databases by police has sparked a debate over digital privacy and the right to genetic privacy. Some people argue that individuals who contribute to genetic genealogy databases have an expectation of privacy that may be violated by law enforcement searches. While genetic service providers often include warnings about potential third-party access to data in their privacy policies, these are often buried in terms of service that users may not read.
There is a lack of federal law prohibiting companies from sharing genetic information with third parties, and the regulations vary across states. Some states, like Maryland, California, Utah, and Arizona, have enacted legislation requiring consumers' express consent for the disclosure of genetic data and the deletion of DNA profiles upon request. Other states, like Pennsylvania, have introduced similar bills to protect people's Fourth Amendment rights and ensure compensation for the use of their genetic data.
Public opinion on this issue is divided, with some supporting police searches of genetic websites, especially for violent crimes, while others believe that privacy should be protected and that police should obtain search warrants for such investigations.
As the use of investigative genetic genealogy gains popularity, the lack of standardized terminology and scope can lead to confusion. The development and adoption of a unified nomenclature are essential to promoting harmony and facilitating further research and progress in this field, including the assessment of its impact on genetic privacy.
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Frequently asked questions
Genealogy companies are companies that offer DNA testing services to help individuals discover their family history, ethnicity, and potential relatives. Examples include AncestryDNA, 23andMe, and MyHeritage.
Law enforcement agencies can use genealogy companies to aid in criminal investigations by identifying potential suspects or victims through DNA analysis and genealogical research. They can compare DNA samples from crime scenes with those in the genealogy company's database to find genetic matches or relatives of the person of interest.
There are concerns about privacy and consent. Individuals who submit their DNA to genealogy companies may not realize that their genetic information could be accessed and used by law enforcement. Additionally, when police identify relatives of a person of interest, those relatives may be unaware and non-consenting participants in the investigation. There is also a risk of misidentification, which can have significant emotional and reputational consequences.
