Privacy, public safety and DNA
After three years analysing and critiquing the state’s power to obtain and retain DNA from those suspected of crime, senior lecturer Dr Nessa Lynch and the University of Edinburgh’s Dr Liz Campbell have...
After three years analysing and critiquing the state’s power to obtain and retain DNA from those suspected of crime, senior lecturer Dr Nessa Lynch and the University of Edinburgh’s Dr Liz Campbell have published a book that provides a foundation for ongoing consideration of this important and sensitive topic.
The Collection and Retention of DNA from Suspects in New Zealand, published by Victoria University Press in November, raises several areas of concern to do with New Zealand’s legislation.
It has been 20 years since the Criminal Investigations (Bodily Samples) Act 1995 was introduced, and since then the range and power of DNA forensics, as well as the powers of the state to obtain DNA samples, have expanded rapidly, raising questions about the implications for criminal justice and human rights.
Dr Lynch says reform that has led to the transferral of authority from the courts to the police is one of their biggest concerns.
"Over the last decade, the power has been with the police, making them both investigator and decision-maker. This leads to concerns about transparency and objectivity.
"Although the forensic use of DNA is a valuable crime-fighting tool, public safety must be balanced with privacy rights."
The book makes recommendations for how to proceed with laws about the collection and retention of DNA samples from those suspected of committing a crime. It also covers the history of the science and law underpinning the use of DNA forensic technology, the balancing of a suspect’s rights with the public interest in reducing crime, and issues such as the DNA sampling of children and youth, familial searching, and the retention of DNA from non-convicted persons.
Dr Lynch and Dr Campbell’s research was funded by the Law Foundation of New Zealand. The Collection and Retention of DNA from Suspects in New Zealand also includes contributions from Elena Mok, a recent Victoria graduate, and Alexandra Flaus.