L Legislative & Ethical Questions i l ti & Ethi l Q ti Regarding DNA and other Forensic g g “Biometric” Databases: Dr. Elazar (Azi) Zadok Police Brig. General (Ret.) P li B i G l (R t ) Director, Forensic Science Division, Israel Police , The 3rd International Conference on Ethics and Policy of Biometrics and International Data Sharing H Hong Kong, January 4 ‐ 5, 2010 K J 4 5 2010
Forensic Science in the 21 st Century: Forensic Science in the 21 Century: General Considerations Locard Principle (1904): * “Every contact leaves a trace” Every contact leaves a trace * “Physical evidence never lies and is * “Ph i l id li d i never wrong or absent. It’s the i investigator who fails in locating, ti t h f il i l ti studying and understanding it”
The Roll of Forensic Science Forensic science deals with: * Identification : drugs, explosives etc. * Comparison of physical evidence from a crime scene with reference materials, leading to suspect/scene or scene/scene connection. The chance of a case, having any The chance of a case, having any forensic evidence in it, to reach forensic evidence in it, to reach court and get a conviction is higher by 50 court and get a conviction is higher by 50%, %, as compared to case without any forensic as compared to case without any forensic d d h h f f evidence. evidence.
The Roll of Forensic Databases (I) In absence of forensic databases: * Only 1:1 comparisons (scene/ suspect or Only 1:1 comparisons (scene/ suspect or scene/ scene) can be achieved. Forensic databases allow: * Identification of suspects without * Identification of suspects without their physical apprehension (1:many comparisons). (1:many comparisons) * Detection of forged identities of individuals. * G * Generation of valuable forensic intelligence. i f l bl f i i lli
The Roll of Forensic Databases (II) Manual forensic databases: * “ Hit ” generation ability depends on sorting t techniques and operator ’ s skills. h i d t ’ kill Computerized forensic databases: Computerized forensic databases: * Allow compilation of huge amounts of information. * Automatically searched. Efficiency of the Database is Efficiency of the Database is a Function of its Size & Relevance. a Function of its Size & Relevance a Function of its Size & Relevance. a Function of its Size & Relevance Experts are always needed Experts are always needed to confirm “hits”. to confirm “hits”. fi fi “hi “hi ” ”
Information Included in Forensic Databases: Crime Scenes : * Biological evidence. * Other physical evidence found on the scene. People (suspects, accused): * Biological characteristics. * Items possessed by or connected to them. Reference materials: * Unrelated items needed for sorting/ identification of other evidence.
Types of Forensic Databases Almost any type of forensic evidence can Almost any type of forensic evidence can generate a database Human traits: Physical evidence: * Photo-album * Shoeprints p * Finger (& palm) prints * Firearms (cartridges & bullets) * DNA * Tool-marks * Voice & speech * Fibers & polymers * Physical characteristics * Chemical substances * Chemical substances * Odontological data * d l l d (drugs, explosives, * Others (handwriting, flammable materials, iris etc ) iris etc.) GSR, poisons etc.) * Documents
Forensic DNA Databases: Forensic DNA Databases: Human rights confinement OR Protective shield for the society?
Forensic DNA * Forensic DNA was introduced by Prof Jeffries in the U K in 1985 by Prof. Jeffries in the U.K. in 1985 . * The first DNA profiles’ database was * The first DNA profiles database was created in the U.K. in 1995 . * The FBI possesses the largest DNA database (more than 7M profiles CODIS ) (more than 7M profiles, CODIS ) * The U.K. database ( NDNAD ) contains more than 4.5M profiles ( 6.5% of the population) than 4.5M profiles ( 6.5% of the population)
Legislative & Ethical Issues Concerning g g Forensic DNA Databases (I) DNA Database is Different: e e * DNA sample contains DNA sample contains sensitive individual genetic sensitive individual genetic information. information. * Might non non- -coding regions coding regions used today for used today for identification have have genetic meaning genetic meaning in the future? future?
Legislative & Ethical Issues Concerning F Forensic DNA Databases (II) i DNA D b (II) Inclusion & Deletion Criteria: * Types of offences Types of offences: severe crimes only; recidivistic nature; all recordable offences all recordable offences * Populations Populations: convicts only; suspects; arrestees; volunteers suspects; arrestees; volunteers * Deletion conditions Deletion conditions: acquitted; not charged; volunteers volunteers * Time period for deletion Time period for deletion
Th The U.K. NDNAD: Achievements…. U K NDNAD A hi t 4/01 4/01- -10/09 statistics 10/09 statistics * Total No. of crime scene matching subjects on 335,545 335,545 33 33 database: * M * Murder/ attempted d / tt t d murder matches: 2,163 2,163 * Rape crime scenes matches: 4 341 matches: 4,341 4 341 4,341
Th The U.K. NDNAD: …On the expense of U K NDNAD O th f * 4, ,762 762, ,033 033 individuals retained (as of 16/10/09; > 6. .5 5% of population % of population ) * 37 37, ,515 515 ( (0 0. .8 8%) %) sample profiles retained from volunteers volunteers * ~16% duplicate records * Includes: 40 40% of black men % of black men ; 13% of Asian men and only 9% of white men men and only 9% of white men % of white men % of white men * ~6% of profiles of under-18s * Includes 0 8 1M people who * Includes 0.8-1M people who have never been charged never been charged or convicted or convicted or convicted or convicted
The U.K. NDNAD: The case of S. and Marper vs. the U.K. From ECHR Decision: “… the practice of retaining DNA and fingerprints of anyone arrested but not y charged or convicted in England and Wales was a violation of the ‘ right to g respect for private life ’ under Article 8 of the ECHR ” (December 2008)
The U.K. NDNAD: The case of S. and Marper vs. the U.K. Home Office response (May 2009): A consultation paper issued: “ Keeping the Right People on the DNA Database: Science and Public protection ” Proposed DNA retention rules: * Convicted adults- indefinite * Unconvicted adults- 6/12 years * Unconvicted 16-17s- 6 years for serious offence, 3 Years for minor offence 3 Years for minor offence * Volunteers- deleted from database
Legislative & Ethical Issues Concerning g g Forensic DNA Databases (III) Retention & further use of DNA samples/ profiles: samples/ profiles: Issues for consideration: * “Function creep” in research p * “Genetic Criminology” * Database updating due to future technological developments * Interchange of information between different DNA databases different DNA databases
Legislative & Ethical Issues Concerning F Forensic DNA Databases (IV) i DNA D b (IV) Other issues: * Familial searching * Abandoned DNA * P * Population-wide DNA database l ti id DNA d t b * Professional expertise: Professional expertise: - Lab performance & accreditation - Results interpretation
Legislative & Ethical Issues concerning g g Forensic DNA Databases (V) DNA dragnets (intelligence-led mass screenings) : * Considerations: ethnical; geographical; others * “Stand alone” or intelligence * “St d l ” i t lli based operation * Community cooperation * Cost effectiveness relative to other means
Legislative & Ethical Issues concerning g g Forensic DNA Databases (VI) DNA of volunteers: * Definition : people who might be connected to the crime are asked to submit DNA sample for elimination purposes (not as suspects) (not as suspects). * Issues for consideration : Issues for consideration : - Type of consent (limited; comprehensive) - “Informed” consent - Revoking the consent - Fate of samples & profiles of volunteers
Society welfare & privacy rights: can these be properly balanced? can these be properly balanced? Anat Fliner murder case
Society welfare & privacy rights: can these be properly balanced? can these be properly balanced? Anat Fliner murder case * 500 people were sampled in a DNA dragnet. * All of them signed a limited consent form, g , allowing the use of their profiles for the murder investigation only. * DNA lab expert recalled a relatively rare combination of alleles, similar to one of f ll l i il t f the volunteers, in another serial rapes case serial rapes case. * The full profile of the volunteer matched perfectly, revealing the serial rapist identity. perfectly, revealing the serial rapist identity.
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