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Judge Says, Record DNA of Everyone In the UK 403

Many readers informed us about the opinion of Lord Justice Sedley, a senior UK Appeal Court judge, who said that everyone in the UK should have their DNA recorded in the national database — including visitors. Reader ChiefGeneralManager writes, "Sedley calls the current database 'indefensible' because it contains a hodge-podge mix of people, including children and those who have been in contact with the police. His view is that we should make it compulsory for all DNA to be recorded to remove this anomaly. The UK Information Commissioner has expressed some concerns, but not dismissed the idea outright." And reader john.wingfield adds, "Just under two weeks ago, the Independent reported that the Government has admitted that an eighth of all records on the DNA database are false, misspelled, or incorrect — over half a million records. This raises the possibility of a breach of the 4th data protection principle of the Data Protection Act 1998: 'Personal data shall be accurate and, where necessary, kept up to date.'"
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Judge Says, Record DNA of Everyone In the UK

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  • by stevedcc ( 1000313 ) * on Wednesday September 05, 2007 @08:51AM (#20477793)

    "We have a situation where if you happen to have been in the hands of the police then your DNA is on permanent record. If you haven't, it isn't. It means where there is ethnic profiling going on disproportionate numbers of ethnic minorities get onto the database."

    I interpret this as 'because the police are arresting a disproprtionately high proportion of ethnic minorities and the contents of the DNA database reveals this, we should just profile everybody so that the apparent discrimination disappears'. Maybe they should try dealing with the apparent racism and/or social inequality rather than brushing it under the carpet?

  • by jkrise ( 535370 ) on Wednesday September 05, 2007 @08:53AM (#20477815) Journal
    WHO'S ON THE DATABASE?

    5.2% of UK population
    Nearly 40% of black men
    13% of Asian men
    9% of white men
    Source: Home Office and Census


    Enuff said. When the remaining 91% are going to be DNA recorded, they start squirming. Majority of ethnic minorities kept quiet and bore it all....
  • by PinkyDead ( 862370 ) on Wednesday September 05, 2007 @08:55AM (#20477837) Journal
    To paraphrase a common /. paradigm:

    1. Identify social inequality
    2. ??
    3. Social inequality resolved
  • by Anonymous Coward on Wednesday September 05, 2007 @08:56AM (#20477855)
    Delete the database.
  • by ComradeSnarky ( 900400 ) on Wednesday September 05, 2007 @08:56AM (#20477857)
    I doubt extracting DNA and comparing it against a central database will become as fast as examining an identity card anytime in the near future.
  • by stevedcc ( 1000313 ) * on Wednesday September 05, 2007 @09:00AM (#20477891)

    I don't think it's the police's fault that black people commit more crimes than white people.

    You're missing the point. Many of these people haven't committed a crime, they've only been arrested on suspicion of comitting one. This can easily be due to the interpretation of the officer at the scene, and there might not enough evidence to prosecute. Racial prejudice WILL be a factor in the disproportiante number of ethnic minorities. How large a factor is open to debate, but it would be much fairer to only retain the DNA where there was sufficient evidence to charge or prosecute, this would remove at least some of the distortion due to racial prejudice.

  • 'visitors DNA' (Score:5, Insightful)

    by YrWrstNtmr ( 564987 ) on Wednesday September 05, 2007 @09:00AM (#20477897)
    A lot of people stated they would refuse to vacation in the States anymore because of the fingerprinting at Customs. This is far, far worse.
  • by starrsoft ( 745524 ) * on Wednesday September 05, 2007 @09:19AM (#20478151) Homepage

    Maybe they should look into the cause of the disproportionate numbers?


    Yeah, like maybe more ethnic minorities are committing more crimes?

    All races have equal worth. All cultures/socioeconomic structures do not. Call me politically incorrect, but Thai culture is far better than Cannibal culture.

    The crime disparity is not racial, it's cultural/socioeconomic. Whites who follow an inner-city culture have just as high crime rates.
  • Re:Backwards Logic (Score:3, Insightful)

    by David Off ( 101038 ) on Wednesday September 05, 2007 @09:25AM (#20478219) Homepage
    > A spokesman for Prime Minister Gordon Brown said to expand the database would create "huge logistical and bureaucratic issues" and civil liberty concerns.

    To translate this for you "we only plan to introduce compulsory DNA testing after we have won the next general election"
  • by Wowsers ( 1151731 ) on Wednesday September 05, 2007 @09:30AM (#20478283) Journal
    Perhaps we should be asking why this has ocurred (recent article):
    http://www.telegraph.co.uk/news/main.jhtml?xml=/ne ws/2007/08/27/ndna127.xml [telegraph.co.uk]

    Civil liberties campaigners and MPs have raised doubts about the national DNA database after the Home Office confirmed it contained more than 500,000 false or wrongly recorded names.

    Suspects arrested over any imprisonable offence, including rape and murder, can have their DNA held even if they are not charged or are acquitted.

    The database, the biggest in the world, contains about four million names.

    But it has been dogged by problems. Statistics released by the Home Office show it contains around 550,000 files with wrong or misspelt names.

    Lynne Featherstone, a Liberal Democrat frontbencher, told The Daily Telegraph that she wanted a full parliamentary inquiry into the "shocking" number of errors.

    So for whatever reason (and spelling seems to be common), a huge amount of the database is wrong. Those are amazing figures.
  • by clickclickdrone ( 964164 ) on Wednesday September 05, 2007 @09:42AM (#20478487)
    Just for the record, a quick bit of googling shows on london teen murders 2007 showed the following for those who thought this was flamebait:
    Mohammed Ahmed, suspect attacker, black
    Adam Regis (black) attacked by 2 blacks
    Billy Cox (black) attacker black
    James Smartt-Ford (black)
    Michael Dosunmu (black)
    Annaka Keniesha Pinto (black)
    Charlotte Polius (black)
    That was the first few I found. I remember the London Evening Standard did a photo spread recently of all the victims of stabbings or shootings in London this year and there was one white face.
    It might not be PC, it might not be palatable but this is what's going on and waving the race card to object is doing the black population a huge disservice as is trying to sweep it all under the carpet. There are endemic problems with gang culture and there is a need for some postive role models for young kids that don't involve rap songs about ho's, bitches, killing, drugs, fast cars and easy money.
  • by wikinerd ( 809585 ) on Wednesday September 05, 2007 @09:48AM (#20478561) Journal

    DNA has also been used to clear individuals as well. In the case of the criminal justice system, many individuals (with criminal records) are cleared already due to DNA samples on hand not matching a particular case.

    It is very good that DNA can be used to help clear innocent people accused of being criminals. However, if the police already has a DNA sample from the crime scene and a person is accused of being the criminal, and such person can always give their DNA to the police for testing. A database of DNA samples for helping clearing innocents is not needed at all, I think. You have the DNA sample from the crime scene, you have the accused person in front of you, what else do you need? How could a database help?

  • by Potor ( 658520 ) <farker1&gmail,com> on Wednesday September 05, 2007 @09:57AM (#20478741) Journal

    I doubt extracting DNA and comparing it against a central database will become as fast as examining an identity card anytime in the near future.

    That does not matter. If these loose words of the judge are ever put into law (unlikely, but given surveillance-mad Britain, who know...), this proposal would force every Briton - and visitor - to prove his or her innocence for every crime in the future. That will take time, but UK authorities don't care about that. Their abstract view of justice (catching criminals) has blinded them to the liberality upon which Western justice is based.

    Speed be damned. This is about the slow constriction of society.

    I already avoid traveling to America; now, perhaps I will need to avoid the UK as well. Although not perfect, at the least the EU has its privacy directive [google.com].

  • Re:Oh, sure. (Score:2, Insightful)

    by Horus1664 ( 692411 ) on Wednesday September 05, 2007 @10:05AM (#20478853)
    I'm sorry, why is this post mod'd up to '4' 'Interesting' ???

    The possible problems with this idea are many and varied. We must trust our government to both record the data properly and use it wisely.

    Who has not had some simple error made by our devoted public servants cause them hassle ? It may only be a minor problem regarding non-payment of some local government bill, or perhaps some misunderstanding over refuse collection. Once such sensitive information as DNA is regarded as 'routine' it will be treated as such by the very same people which we may regard as 'well meaning' but perhaps 'misguided' when it doesn't actually mean too much.

    My problem with this 'idea' is that it pre-supposes, as many similar concepts do, that government is intrinsically benevolent, and all facets of government are also intrinsically benevolent. Sadly I do not really subscribe to this point of view.

    Legislation is the last chance saloon for the innocent when beaurocracy has run amok or conditions have conspired against an individual and we must be ultra careful/vigilant before we effectively remove recourse from that individual, when he is faced with the power of the state.

    There is also the point of view that says much of the anti-social or illegal behaviour which we see now, and which prompts widespread discussion of such draconian measures as this can be approached in less indiscriminate ways. Investigate social issues and attack them individually rather than legislate in some broad, 'catch-all' fashion.

    For those that say that almost any infringement on civil liberties is OK because if you're innocent you have nothing to fear this just leads naturally on to the 'let he who is without sin cast the first stone' scenario. We will (almost) all do something in our lives which our government may find objectionable. We will hope that our transgressions are viewed with maturity and common sense. However if we allow laws to be passed that narrow the responses available to the authorities, then we will eventually reap the rewards for this.

    Perhaps I am a natural optimist, but I think we should begin from a basis of believing that the person we meet on the street is our friend and not someone that must be finger-printed and DNA analysed before he can become part of our society.

    (Oh, and by the way I live in London, one of the biggest cities on earth and I am neither naive nor an idiot, although some amongst you may disagree...and we in the UK are already observed almost from the moment we step outside our homes. Fancy that do you ???)

  • by a.ameri ( 665846 ) on Wednesday September 05, 2007 @10:22AM (#20479139)
    Nope, tourism in Britain won't die because, even if this madness came to pass as law (which it wouldn't), the European Court of Justice will throw it right out of the window as it runs against a fundamental EU notion of free movement of people and goods.

    Now, go on you eurosceptics Brits and hate the EU some more...while all it does is create more checks and balances so that crazy stuff like this happen less often.
  • by AHumbleOpinion ( 546848 ) on Wednesday September 05, 2007 @11:11AM (#20479833) Homepage
    this proposal would force every Briton - and visitor - to prove his or her innocence for every crime in the future

    I apologize, I haven't had my morning coffee yet, but I don't understand. DNA samples tend to clear innocent suspects, not falsely implicate them. In the US numerous people suffering from false imprisonment, DNA tests were not available at the time of their trial, have been released as they managed to get DNA tests performed. Thank goodness for long term preservation of evidence.
  • by RegularFry ( 137639 ) on Wednesday September 05, 2007 @11:14AM (#20479879)
    This guy's not an idiot. He must know that if a universal DNA database was brought online, not only would it cost a *huge* amount to implement, but convictions would skyrocket. We're already out of prison space, so I think he's putting this forward as an option purely for the backlash it will cause. In the light of this suggestion, it becomes politically feasible to legislate for fewer imprisonable offences (for example), and it shows the people who already are arguing for more sensible management of the existing data in a favourable light. My money's on the DNA data for unconvicted people being deleted after a fixed period, when the dust settles. Either way, I'm glad that the proposal's been made at a time when it's politically acceptable to resist it - it'll help stave off a time when it isn't.
  • by kannibal_klown ( 531544 ) on Wednesday September 05, 2007 @11:38AM (#20480241)
    I live across the pond, but my main grief with something like this is the way it would be used/abused. Once the data is somewhere, it's only a small step to expand its uses. Yes, DNA evidence is great for crime fighting and with it you can help exclude suspects or arrest criminals. But fortunately only a small percentage of the population has been arrested, so the current data storage isn't so massive. But what happens when this goes from 2% of the population to 100%?

    Unlike fingerprints, which serve as act as close to a "natural serial number" as we can get, DNA stores almost everything biological about you. What are your chances for disease X, are you likely to become addicted to compound Y, etc. As we map more and more gene sequences we increase the amount we can learn about a person. Sure, a lot of it is something you'd like to know about yourself (am I prone to cancer?), but it's probably also more than you'd like other people to know.

    Once everyone's DNA is indexed somewhere then it opens up a can of worms. It's inevitable that at some point it will be misused. Perhaps it's opened up for other uses (Insurance companies, public domain, etc) or maybe someone just gets access to the data.

    We've already proven we cannot fully trust organizations (both private and federal) to keep simple data safe (SSNs, account numbers, credit card numbers, etc). Hell, here in the states loan firms were getting unauthorized access to students' profiles for months before anyone noticed. Why would letting these same organizations keep everyone's DNA be any safer?

    I guess it's inevitable that national citizen DNA databases will be setup, 10 years from now or 50. I just think that if the present is any indicator, we need to get serious about how we protect and use said data.
  • by afidel ( 530433 ) on Wednesday September 05, 2007 @11:46AM (#20480365)
    Like all other evidence DNA can either convict people unfairly or free innocent people. It's all down to interpretation. First off not all DNA testing is done to the level where a specific individual can be positively identified, they generally pick N locations and compare the suspect to the sample and state that this combination of markers at these location are likely to occur in X percent of the population. The main reason this kind of testing is done is that it is MUCH quicker and quite a bit cheaper than a full genome workup. Second, just because your DNA is present does not mean you committed a crime, simply that it is likely you were present (your DNA can be planted or incidentally transfered). Also lack of DNA evidence does not mean you are innocent, only that you did not leave any detectable evidence behind.
  • by kebes ( 861706 ) on Wednesday September 05, 2007 @11:50AM (#20480443) Journal
    Can you provide a reference for that? This is an honest request, because I find that quite shocking and wasn't able to find any confirmation of it.

    The homepage for the Canadian National DNA Data Bank [nddb-bndg.org] says that DNA samples are taken only from convicted criminals. The site says:

    The government responded by assenting to the DNA Identification Act on December 10, 1998. This legislation allowed a DNA data bank to be created and amended the Criminal Code to provide a mechanism for a judge to order persons convicted of designated offences to provide blood, buccal or hair samples from which DNA profiles will be derived.
    (emphasis added)

    Moreover, this page [publicsafety.gc.ca] discusses debate (in 2005) about whether or not a DNA database could help with missing persons investigations. The discussion doesn't mention using an already-existing DNA database of all citizens (or all citizens born since 1994) but instead seems to discuss the creation of a new database. In the discussion about whether such a database should be created, they say:

    The need for strict guidelines, set forth in legislation, to govern the DNA MPI. Respondents suggested that the guidelines that govern the NDDB can be used as a model, with special consideration given to the issue of consent from family members for collection, use, retention and removal.
    In short, this sounds like a proposal for a voluntary system where loved ones of a missing person could donate DNA samples to help locate the person or identify their remains. It makes no mention of an existing effort to retain DNA on all newborns since 1994.

    Anyone have any further information on this subject?

    (Anecdotally, I'm not aware of any such DNA testing on any children recently born in Canada--e.g. my nephew.)
  • by AHumbleOpinion ( 546848 ) on Wednesday September 05, 2007 @12:30PM (#20481109) Homepage
    Once everyone's DNA is indexed somewhere then it opens up a can of worms. It's inevitable that at some point it will be misused. Perhaps it's opened up for other uses (Insurance companies, public domain, etc) or maybe someone just gets access to the data.

    In the US, since the 1970s, government agencies have been restricted in terms of what information they can collect and what they can share even amongst each other and subcontractors. Since then privacy rules have become even more restrictive, in particular with respect to medical information.

    The insurance company screening argument is a red herring to a degree. They could collect a DNA sample as part of a mandatory physical. Unless such profiling is outlawed, it will happen regardless of whether or not there is a national DNA database.

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