Establishment of a DNA Database - Law Reform Commission

a DNA database. 20 The current Director of the Forensic Science Laboratoryagrees that the lack of a national DNA database hampers crime detection. 211.16 The Commission is equally aware that the establishment of aDNA database may interfere with both an individual’s right to privacy andbodily integrity, and the privilege against self-incrimination. 22 Considerationmust be given to finding a proportionate balance between the rights of theperson, who is the source of a DNA sample, and the wider societal interestssuch as the prevention of disorder and crime and the protection of the rightsof others. A number of discrete human rights issues arise from theestablishment of a DNA database. First, any procedure whereby samples aretaken from an individual is, by its nature, intrusive and may raise issues inrelation to privacy, self-incrimination and bodily integrity. Furthermore, theretention of DNA profiles and samples, which can potentially reveal manypersonal details about the genetic characteristics of an individual, raisesmany privacy questions. The establishment of a DNA database must bebalanced against the human rights concerns that it raises. Detailed dataprotection measures must be put in place to ensure that information collectedand retained is confined to the criminal justice sphere. These principles aretaken into account by the Commission when formulating recommendationson the practical aspects of DNA profiling and the establishment of a DNAdatabase. The Commission has considered the question of whether adatabase could be established on an administrative basis rather than under alegislative framework. 23 The Commission has concluded that acomprehensive legislative framework is required to secure the necessaryfundamental changes to existing practices regarding the taking and retentionof DNA samples and profiles. In addition, the Commission notes that thecurrent international practice with regard to the establishment of DNAdatabases indicates a preference for a legislative as opposed toadministrative framework for the database.20212223“Absence of DNA database for Gardaí deplored” The Irish Times 27 April 2005.“Testing times for DNA” Irish Independent 13 June 2005.See Chapter 3 of the Consultation Paper for a detailed analysis of the right to privacy,bodily integrity and the privilege against self-incrimination in relation to theestablishment of a DNA database.In this respect, the Commission notes the recommendations made in the Report of theWorking Group on Garda Vetting (February 2004). At present, there is no statutorybasis for vetting the suitability of persons for certain sensitive occupations, such aschild care, and current Garda vetting arrangements are on an administrative basisonly. The Working Group considered that the current administrative vetting processis no longer adequate to meet the demands being placed on it and recommended thatthe Garda vetting process be placed on a legislative footing (paragraph 5.2.6).12