Policy and regulatory implications of the new frontier of forensic genomics: direct-to-consumer genetic data and genealogy records

ABSTRACT

Law enforcement is moving from targeted forensic DNA analysis to more extensive use of genomics in support of criminal investigations and for related purposes, such as the identification of human remains. The field of forensic genomics is data-driven and will continue to evolve as new capabilities are developed and new datasets are made accessible. Intelligence capabilities using forensic genomics include the prediction of externally visible characteristics and biogeographical ancestry, and the relatively new field of forensic genetic genealogy. This technique expands these capabilities by accessing public genetic datasets to identify potential relatives of the donor of DNA relating to an investigation. This exploitation of public datasets poses a range of ethical, legal and privacy challenges. The extended reach of these techniques expands these issues to entire families, across multiple jurisdictions. These legal challenges increase as attention turns to much larger, but less accessible, genetic data held by direct-to-consumer genetic genealogy providers.

KEYWORDS:

• DNA databases
• forensic DNA
• forensic genetic genealogy
• forensic genomics
• forensic intelligence
• genetic privacy

Acknowledgements

The authors would like to thank the anonymous reviewers whose constructive criticism improved this article.

Research for this article was supported by an Australian Government Research Training Program Scholarship. This article also draws on research funded by the Endeavour Scholarships and Fellowships, a Department of Education and Training initiative.

Cases

Carpenter v United States 585 U.S. ___ (2018)

Maryland v King 569 U.S. 435 (2013)

Matter of 381 Search Warrants Directed to Facebook Inc., 132 AD3d 11 (NY 2015)

S and Marper v United Kingdom [2008] Eur Court HR 1581

United States v In the Matter of the Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203 (CD Cal, Eastern Div No 5:16-CM-10, 19 February 2016)

Legislation

All Writs Act 28 USC § 1651 (1948)

General Data Protection Regulation (EU) 2016/679

ORCID

Nathan Scudder http://orcid.org/0000-0002-6011-9092

Dennis McNevin http://orcid.org/0000-0003-1665-3367

Sally F. Kelty http://orcid.org/0000-0001-9631-1740

James Robertson http://orcid.org/0000-0003-3634-4318

Notes

1 [2008] Eur Court HR 1581.

2 (EU) 2016/679.

3 569 U.S. 435 (2013).

4 In the Matter of the Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203 (CD Cal, Eastern Div No 5:16-CM-10, 19 February 2016).