Ontario's privacy commissioner issues guardrails for police using investigative genetic genealogy Français
Investigative genetic genealogy (IGG) is a technique used by police to solve crimes. It involves using genetic data from crime scene samples and DNA databases to identify individuals through genetic matches, or partial matches to biological relatives.
While IGG is a powerful tool for solving serious crimes, its use by police is currently not subject to any clear legislative framework. This raises real privacy and human rights concerns, especially for individuals who may become ensnared as part of a police investigation simply because they share DNA with someone else.
"Investigative genetic genealogy has the power to crack cold cases, bring closure to victims' families, and even absolve the wrongfully convicted. But without clear legal rules, this new investigative tool can unduly broaden the scope of state surveillance and intrusion into the private lives of many innocent people." said Patricia Kosseim, Information and Privacy Commissioner of Ontario. "Until there is a clear law governing the use of this technology, my office is proposing a policy framework to help ensure police in Ontario use this technology responsibly and in a way that maintains public trust."
While the IPC does not necessarily endorse police use of IGG, these guardrails serve as a tool to help police comply with their legal obligations and mitigate risks to privacy and human rights. The twelve guardrails cover: lawful authority, necessity and proportionality, accountability, third party procurement, data minimization, retention, data security, controls for surreptitious DNA collection, transparency, access, public consultation, and ethical disclosure guidelines.
In developing these guardrails, the IPC consulted with a broad range of interested parties to ensure a diversity of voices and expertise, including: police services, government ministries, civil society and human rights organizations, academic researchers and lawyers, experts in forensic science, pathology, genomics and bioethics, First Nations technology leaders, as well as privacy, human rights, and victims' rights regulators.
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