National DNA databases—practice and practicability. A forum for discussion

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Abstract

The success of the established National DNA databases (NDNAD) in linking crimes and nominating possible suspects has prompted many countries to enact legislation for the introduction of their own databases. While the technology used in the production of the DNA profiles remains consistent (there is a core set of STR loci common to all laboratories), there is considerable variation in the regulations which cover the entry of personal profiles. Five invited speakers presented the current situation with NDNADs in Europe and North America. The presentations included: (1) the various categories of crime for which a profile can be entered onto a database; (2) the numbers of profiles held on the databases; (3) whether the DNA samples can be retained for future analysis; (4) the successes of the various databases; (5) the interaction between the operators of the databases and other elements of the criminal justice systems. There were also discussions of the possible future technological developments that may affect the databases and a cautionary note on the quality measures necessary to ensure accuracy of analysis and database management and the potential for the misuse of the data retained.

Introduction

DNA databases for criminal offenders and unsolved crimes have now become established in many countries as an everyday tool for use in the investigation of crime. Also, there is now very little challenge to their use in courts of law. However, the collection and storage of personal data has always been an emotive issue as there is a public perception that either the scientists or the authorities might use the information for something other than the stated purpose.

While it is universally accepted that DNA profiles obtained from all crime scene samples should be automatically entered and retained on a database, the subject of the entry of personal profiles from suspects or convicted persons continues to be debated. Given the robustness and reliability of DNA profiling, it has been suggested that everyone should be placed on a DNA database. While there is no argument with this logic, there are practical concerns for its implementation not least of which is the cost.

It is taken for granted that all DNA profiles which are obtained from scenes of crime should automatically be added as data for future comparison. This cannot infringe any civil rights issues as initially these results are not assigned to any individual.

In general terms, there is now almost no objection to the existence of national DNA databases as they have had considerable success in crime investigation and in the identification of possible perpetrators of very serious offences. There remains, however, considerable discussion about which individuals should have DNA profiles entered onto the databases and which samples should be retained for future analysis.

Section snippets

The current situation in the UK

The UK DNA database was first established in 1995 and is now used as a routine step in the investigation of crime. In the initial stages, the need for a National DNA Database (NDNAD) was identified to aid in crime reduction. As past records have shown in the UK, the majority of those who commit serious crime have previous convictions for minor offences. Consequently, in the UK, there was a decision to allow for the retention of personal DNA profiles from offenders convicted of minor as well as

The current situation in Europe

The majority of European countries now have either operational NDNADs or are in the process of implementation (see Table 2).

In the UK, the law is comparatively liberal and comprehensive by allowing profiles to be obtained and retained from a wide range of individuals who are either suspected or convicted of crimes. There is also the legal right to keep all samples for further analysis if required. This situation does not pertain to all European countries and Table 3 illustrates the wide

The current situation in France

Although the necessary legislation for the French NDNAD was enacted in 1998, the database is still in its infancy. Originally, it was implemented to hold profiles only from those found guilty of sexual assaults and offences against minors. In 2001, the law was changed to include serious offences against persons and property and in 2003 another law was enacted to include almost all categories of serious offences. This new law also allows for a police officer to take a buccal sample, for DNA

The current situation in the USA

The NDNAD in the USA came into existence following the enactment of the DNA Identification Act of 1994. In its initial stages, the database was designed to cope with entries from a number of DNA technologies but its mainstream activity has now settled on a system of entry and search against profiles obtained from 13 STR loci that can be typed for with commercially available kits.

The FBI designed and implemented the system and now has overall responsibility for an operation which includes input

National DNA databases issues

In the early stages of development of NDNADs, there was considerable challenge to the accuracy and statistical relevance of matches, especially in the adversarial forms of criminal justice practiced in such countries as the UK and USA. Nowadays, there is relatively little challenge to the evidence and this has allowed the scientists more time to concentrate on the quality issues associated with the detailed maintenance of the databases. While all countries have legislation to prevent the

Future

Without doubt, the evolution of NDNADs has been a success story and the creation of large searchable databases will continue to be an invaluable asset in the investigation of crimes. The very success, however, is in some way, a potential bar to technological progress. The profiling of such large numbers of samples has involved a great deal of work and a substantial cost and embracing a change in the technology would require an overwhelming amount of work. It is generally agreed that, although

Acknowledgements

This report has been prepared from the presentations made by Bruce Budowle (FBI, Washington, DC, USA), Peter Gill (Forensic Science Service, Birmingham, UK), Isabelle Goanvic (Ministère de Justice, Paris, France), Vince Pascali (Università Cattolica del S. Cuore, Rome) and Peter Schneider (Johannes Gutenberg University, Mainz, Germany) with additional commentary by Peter Martin.

In the process of setting up the forum, it was appreciated that many countries have well established, successful DNA

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