Thu, 29 Jul 2010

An ethical and evidence-based National DNA database

The National DNA Database (NDNAD) Ethics Group (EG) has just published its third annual report, three months after it was completed in April 2010. It makes five recommendations:

1. To accept the fundamental need for prospective studies to ensure that key issues of the proportionality and relevance of the various uses/categories of individuals within the DNA database are illuminated by robust statistical information.

2. The effectiveness of the NDNAD in solving crime needs to be addressed with a proper statistical/evidence basis for any conclusions.

3. The national DNA Database strategy Board and the NPIA should work with the EG towards an embedding of ethical considerations at all stages in the use, obtaining and retention of DNA samples and profiles.

4. The appeals process against decisions not to delete a profile from the database should be reviewed to ensure that the cost of an application does not act as an unreasonable bar to redress. Consideration should be given to referring such decisions to a specialist tribunal (such as that under the Regulation of Investigatory Powers Act) rather than panels of magistrates across the country who may very rarely consider such a case in practice.

5. The Database should be supported by a strong governance framework and there should be a clear and transparent accountability for its operations.

This short report (20 pages) describes the work done by the Ethics Group in the year finishing March 2010 and how its earlier recommendations have been handled. This reveals a few less well-known details about DNA databases and what's in store. Some such items clearly need much more public awareness (emphasis added):

• Police forces are keeping 'databases [...] that seem to be operating in parallel to the NDNAD. [...] These databases include ones held for the purposes of contamination elimination, counter terrorism and missing persons. Their purposes need to be clearly defined, with robust oversight and standards in place. They also need to be transparent. The existence of these databases raises a risk of extending the scope of DNA data collected beyond criminal justice purposes.

• 'There are plans to build a bespoke function on the NDNAD to conduct familial searches. The EG considered existing ethical considerations for conducting familial searches and was of the view that the process was not open and transparent in terms of when and how confidential information on parentage can be divulged. There was also an issue of public awareness, especially for those individuals that volunteered samples for the NDNAD. There is the potential that DNA analysis would be used to potentially identify family members linked to unsolved crime and the implications of following up information derived from a familial search.'

• 'At present the DNA sampling process does not take account of the Gillick Competency Principles which are prevalent in medicine and which, after thorough consultation, the EG recommended when DNA is taken from children and young people. [...] It is conceded that since the new sampling policy which becomes effective spring 2010 will seek to take DNA from children on an exceptional basis only, that far fewer children will be sampled than was previously the case. Nonetheless, there will be occasions where children are asked to consent to DNA being taken.'

In other news the March 2010 update of the Forensics21 programme explains:

The contract for the supply of DNA sampling kits has been awarded to the Forensic Science Service Ltd (FSS). Orders for DNA sampling kits can be placed with FSS through the DNA Sampling Kits framework agreement. By simply referencing the framework on any orders placed forces will benefit from the new reduced price of £1.95 - a price that will offer a considerable cost saving to all.

The final allocation of 9-series barcodes for PACE DNA sampling kits was made at the end of January 2010. From now on 3-series barcodes will be issued for PACE DNA sampling kits. In addition to the change in barcode series, the forms inside all DNA sampling kits used for the collection of demographic data now ask for less information. The Volunteer DNA sampling kit is being phased out and replaced by the Elimination DNA sampling kit. Information about a new method of taking a DNA sample from a volunteer and its subsequent use, will follow shortly.

This reduced price is just for a sampling kit. For each individual whose DNA is taken, you then need to add the cost of processing the DNA sample to obtain a profile, of storing the sample, retaining the profile, backing up the database, staff cost, etc.

The government has yet to give details on its promise to adopt the Scottish approach to DNA retention.

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