The CODIS Unit of the FBI’s Laboratory Services, led by Unit Chief Thomas Callaghan, held a symposium on Familial Searching & Genetic Privacy in Arlington, VA on March 17-18. CODIS is a system that enables local, state, and federal law enforcement agencies to store and search DNA profiles of convicted offenders (and, in some states, arrestees). This meeting was attended by all state CODIS administrators, as well as members of the public. Panelists brought many different points of view to the table, and if participants left without reaching a consensus, most walked away with a greater appreciation of the full gamut of issues familial searching presents.

DNA technologies are increasingly applied to crime investigations. On occasion, DNA “partial matches” surface through comparison of DNA profiles from crime scenes to profiles in CODIS. These partial matches can be investigated, potentially leading to relatives of a suspect. Now that several cases have been investigated in this fashion, the feasibility of routinely performing “familial searches” is of much debate in the law enforcement, civil rights, and scientific communities.

Barry Scheck of the Innocence Project and Tania Simoncelli of the ACLU each cautioned that using familial searches is “playing with fire” when it comes to issues of race, privacy, and loss of anonymity. Increasing racial disparity is a major concern with this investigative tool, since in the United States blacks are disproportionately represented in CODIS. Investigating suspects’ relatives and adding them to CODIS would intensify this existing bias, Scheck and Simoncelli said. Jeffrey Rosen of George Washington University Law School detailed potential Fourth amendment violations, contending that familial searches may constitute unreasonable searches without probable cause.

This type of familial searching is already utilized in the United Kingdom. Chief Constable Tony Lake of Lincolnshire described how familial searching is used there and what restrictions are placed on it. For instance, in the United Kingdom, a familial search is allowed only for serious crimes when a full suspect DNA profile is available and where no other match is found in the database. An ethics panel oversees the use of the U.K. DNA database, including determining the “seriousness” of a crime. Hugh Whittall of the Nuffield Council on Bioethics echoed concerns over privacy, but conceded that intrusion on a family’s privacy may be justifiable in some cases to protect public safety.

Sonia Suter of University of Michigan Law School delineated privacy issues as they relate to the person in the database, that individual’s relatives, and the family as a whole. Suter contended that the practice may be appropriate in limited instances, where there is minimal intrusion and maximal potential benefit to the public.

While consensus could not be reached at this symposium on the legal and ethical ramifications of familial searching, many in law enforcement already are convinced of its utility, and its use likely will continue to expand. – Sara Katsanis

Event summary - A Perfect Match? DNA in Law Enforcement

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