David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Ethics and Information Technology 6 (1):55-63 (2004)
Technology has provided state and federal governments with huge collections of DNA samples and identifying profiles stored in databanks. That information can be used to solve crimes by matching samples from convicted felons to unsolved crimes, and has aided law enforcement in investigating and convicting suspects, and exonerating innocent felons, even after lengthy incarceration. Rights surrounding the provision of DNA samples, however, remain unclear in light of the constitutional guarantee against unreasonable searches and seizures and privacy concerns. The courts have just begun to consider this issue, and have provided little guidance. It is unclear whether the laws governing protected health information are applicable to the instant situation, and if so, the degree to which they apply. DNA databanks are not uniformly regulated, and it is possible that DNA samples contained in them may be used for purposes unintended by donors of the samples. As people live their lives, they leave bits of their DNA behind. They cannot be assured that these tiny specimens will not be taken or used against their will or without their knowledge for activities such as profiling to measure tendencies such as thrill-seeking, aggressiveness, or crimes with threatening behavior. Existing racial or ethnic discrimination and profiling may also encompass genetic discrimination and profiling, creating societal class distinctions. This article will explore the constitutionality of collecting genetic materials, the ethics of such activities, and balance the social good in solving crime and deterrence against the individual's security, liberty, and privacy.
|Keywords||DNA databanks privacy property unreasonable search and seizure|
|Categories||categorize this paper)|
|Through your library||Configure|
Similar books and articles
M. Levitt & F. Tomasini, Bar-Coded Children: An Exploration of Issues Around the Inclusion of Children on the England and Wales National DNA Database.
Ambroise Wonkam, Marcel Azabji Kenfack, Walinjom Ft Muna & Odile Ouwe‐Missi‐Oukem‐Boyer (2011). Ethics of Human Genetic Studies in Sub-Saharan Africa: The Case of Cameroon Through a Bibliometric Analysis. Developing World Bioethics 11 (3):120-127.
Amade M'charek (2008). Silent Witness, Articulate Collective: Dna Evidence and the Inference of Visible Traits. Bioethics 22 (9):519-528.
Patricia Roche (2010). The Property/Privacy Conundrum Over Human Tissue. HEC Forum 22 (3):197-209.
Jasper A. Bovenberg (2006). Property Rights in Blood, Genes and Data: Naturally Yours? Martinus Nijhoff Publishers.
M. Richards (2001). How Distinctive is Genetic Information? Studies in History and Philosophy of Science Part C 32 (4):663-687.
Rebecca Dresser (2011). Families and Forensic DNA Profiles. Hastings Center Report 41 (3):11-12.
Søren Holm (2001). The Privacy of Tutankhamen – Utilising the Genetic Information in Stored Tissue Samples. Theoretical Medicine and Bioethics 22 (5):437-449.
Added to index2009-01-28
Total downloads5 ( #175,930 of 1,004,681 )
Recent downloads (6 months)0
How can I increase my downloads?