One State May Become the First to Ban Law Enforcement Use of Genealogy Databases

One State May Become the First to Ban Law Enforcement Use of Genealogy Databases

When direct-to-consumer genetic testing services debuted in the early 2000s, they were heralded as a way for people to find out more information about potential hereditary conditions without the help of a physician. Eventually, they also became an important part of the booming genealogy trend, with amateur genealogists uploading DNA profiles in the hopes of matching with long-lost relatives. 


In the latest iteration of their use—alternately labeled a breakthrough or dystopian nightmare —law enforcement is turning to some consumer genealogy database to help them find criminals. By uploading DNA from crime scenes to genetic databases or by obtaining warrants to search genealogy websites, police have been able to suss out suspects by connecting DNA evidence to the profiles of distant relatives.


A state lawmaker in Utah wants police to stop this practice. Legislation proposed by Rep. Craig Hall, a Republican, would prevent mass searches of consumer DNA databases, which Hall referred to as “fishing expeditions.”


“We understand that law enforcement wants to use these tools, but the ends don’t justify the means,” Hall said. “We don’t need a surveillance state to catch the bad guys.”


Hall said he believes that law enforcement searches of DNA databases violate the particularity requirement of the Fourth Amendment, which courts have interpreted as requiring law enforcement to obtain search warrants and describe in detail to a judge the evidence they plan to gather when invading someone's privacy. 


Jasmine McNealy, the associate director of the Marion B. Brechner First Amendment Project at the University of Florida, said that law enforcement accessing personal data held by third parties is not a new legal debate. “We’ve seen this problem with banking and cell phone data for a long time,” she said. “But with DNA we immediately see th ..

Support the originator by clicking the read the rest link below.