Report on the social and ethical issues of the National DNA database 9/11/04. By the Public Health Genetics Unit Researchers from the University of Durham have published an independent report on the legal and ethical issues raised by the use of the National DNA Database (NDNAD).

The report, 'Genetic Information and Crime Investigation: Social, Ethical and Public Policy Aspects of the Establishment, Expansion and Police Use of the National DNA Database', comes out of a wider study being conducted by the authors of police uses of DNA profiling and the NDNAD, funded by the Wellcome Trust's Biomedical Ethics Programme.

Feature: Identification: suspect

This report examines the history of DNA profiling and databasing in England and Wales, assesses the work of the NDNAD, how samples and profiles of individuals are managed and governed, and looks at the ethical issues of the current and future developments arising from DNA profiling and databasing.

The authors present a series of recommendations they feel are necessary to ensure that proper oversight and public scrutiny are given to the issues. These include recommendations that:

• A comprehensive review should be conducted of NDNAD's scientific and technological foundations, as the authors state there has never been such a review on NDNAD published in the scientific peer reviewed literature.
• An independent oversight body with lay representation should be created to look at how the NDNAD works, in order to promote transparency and public acceptance. The oversight body should explore key issues that question the balance between individual rights and the public interest. These include "…whose profiles should be retained the database for speculative searching, the arrangements for the retention of biological samples in addition to profiles, and the proper uses of the personal information derivable from any analysis of the genetic information contained in profiles and samples."
• There should be independent review of research projects using forensic genetic data in the NDNAD, as these projects help to determine how the NDNAD will be progress in the future and therefore warrant greater scrutiny.
• Retained samples should be kept for a limited period of time and not kept indefinitely, and the Information Commissioner should be invited to consider whether the profiles derived from the analysis of biological samples should be treated as potentially sensitive personal information.The authors consider that the most contentious aspect of the current uses of the NDNAD "...to be the retention of DNA profiles from those not charged or convicted with a recordable offence and the continuous speculative checking of this information." They believe that this issue must be examined further, and guidelines and principles established, if the practice is to continue.
• Voluntary donors of DNA should be fully informed, have consented to the practice and are able to revoke their consent at a later date if desired, as the concept of 'irrevocable consent' is "…especially troubling and has no parallel in other research or medical settings in which tissue samples are donated."
• The idea of expanding the NDNAD to create a universal database for England and Wales should not be pursued by Government as "…the continuous speculative searching of such a database is likely to be ruled a disproportionate breach of private and family life under Article 8 of the [European Convention on Human Rights]."

The authors hope this report will prompt discussions on the issues surrounding the NDNAD and its future implications. In addition, they hope to expand awareness of database beyond those who are involved with it.

Article courtesy of the Public Health Genetics Unit .

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