Forensic Procedures and Privacy Implications
The Australian Government, in co-operation with State and Territory Governments, has established a national DNA criminal investigation system as part of the CrimTrac initiative. The DNA database system will contain DNA profiles of samples collected from suspects, offenders and volunteers by the police services of all Australian jurisdictions.
The value of DNA profiling as an item of evidence to link suspects or offenders to a crime scene is well recognised. Equally, DNA profiling can also rule out suspects or volunteers. Improvements in DNA testing technologies and the ability to produce 'digital' DNA profiles now make possible the use of IT and digital communications to accelerate the elimination and/or matching process. CrimTrac's National DNA Database is expected to have a significant impact on crime detection.
The move to establish an identification database based on DNA does carry privacy implications and risks. These depend amongst other things on how widely collection of identification material extends in the population, how the samples are collected, including whether with force, and how the DNA samples and information are used, disclosed and stored once collected.
As it has been established in Australia, the collection of DNA samples for law enforcement purposes has been targeted to criminal or suspected criminal activity and is subject to a range of checks and balances. Each of the States and the Commonwealth has introduced its own legislative and administrative approaches however they are all based largely on the Model Forensic Procedures Bill 2000 that was developed over a number of years by a representative working group. During the various stages of development there has been extensive public consultation, including with the Office. The consultation processes were supported with detailed discussion papers and were conducted openly with feedback provided at various stages. Privacy issues were raised and led to some adjustment of the settings a reasonable balance was struck.