Crimes (Forensic Procedures) Act 2000 - NSW Ombudsman - NSW ...

11.1.3. Implications of having inaccurate information on the DNA database
It is of concern that in our small audit sample – 180 out of almost 10,000 forensic procedures conducted on suspects
and volunteers during the review period 1073 – we identified so many discrepancies between the information held by
NSW Police and the information on the DNA database.
In our view, there is an inherent public interest in the information on the New South Wales DNA database system being
correct. There is also an interest in personal information held by different government agencies being consistent. DAL
is obliged, under section 16 of the Privacy and Personal Information Protection Act 1998, to take reasonable steps to
ensure the personal information it receives from NSW Police is accurate, before using it:
A public sector agency that holds personal information must not use the information without taking such steps
as are reasonable in the circumstances to ensure that, having regard to the purpose for which the information is
proposed to be used, the information is... accurate. 1074
Further, as discussed above, having incorrect details attached to a profile may result in a person being investigated
by police unnecessarily.
In our statement of provisional findings, we argued that a better mechanism for ensuring the information on the DNA
database is accurate is clearly needed. Given that DAL can only rely on the information provided by police on the
handwritten sample information form, and has no way of verifying whether the information is correct, it appears the
only way to ensure the information on the database is correct is through auditing. For example, DAL could provide
FPIT with a list of the profiles added to the database each month, and FPIT could check that the information on the
database is correct, including the person’s name, date of birth and status for the purposes of the Act. Ideally, this
should occur prior to the profile being matched against any of the other indexes on the database.
DAL commented that auditing every sample submitted would be a huge task, and that it is really the responsibility of
NSW Police to ensure the information is correct before passing it onto the laboratory. 1075 Further, DAL is reluctant to
change information once it is on the database, being the information contained in the official record accompanying
the sample to the laboratory. 1076
FSG argued that the information on the database could be improved with a better IT system, such as the model
used in Queensland, where the same information goes from police to the laboratory and back to police again. The
analysis result can be seen by both the laboratory and the police investigator. The information is not changed but any
additional information, such as details of any aliases, is available.
In light of our audit results, there is a clear need for a better mechanism for ensuring the information on the DNA
database is accurate. One aspect of a comprehensive response to this issue is a better IT system, including
appropriate arrangements for information to be shared, but this is likely to take some years to develop. Our view is
that an audit system should be set up in the meantime, to ensure that the information going onto the DNA database is
accurate.
In our report on the DNA sampling of convicted offenders, we made a recommendation that the Attorney General
consider implementing recommendations 15 to 20 from the Commonwealth Independent Review of Part 1D of the
Crimes Act 1914. 1077 These recommendations relate to:
• the internal auditing of systems and procedures relating to DNA sampling
• agreement between accountability bodies on complaint handling over more than one jurisdiction
• inclusion in annual reports of external audits of state held records that are included on the National Criminal
Investigation DNA Database (NCIDD)
• allocation of sufficient resources to law enforcement, forensic laboratories and accountability bodies, and
• adoption of the recommendations arising from the preliminary audit of the NCIDD.
We continue to support this recommendation and reiterate the need for accurate and timely recording of
information about forensic procedures and regular auditing to ensure continued confidence in the use of DNA for
criminal investigations. In addition, there are issues around the destruction of samples discussed in chapter 14
of the report which further reinforce the need for appropriate auditing procedures. To aid in the adoption of these
recommendations, further consideration needs to be given to how accountability bodies in New South Wales, such
as the NSW Ombudsman, the Police Integrity Commission and NSW Privacy, can be effective in managing the audits
and complaint handling across jurisdictions.
NSW Ombudsman
DNA sampling and other forensic procedures conducted on suspects and volunteers under the Crimes (Forensic Procedures) Act 2000 225