WASHINGTON — Suspects arrested or detained by federal authorities could
be forced to provide samples of their DNA that would be recorded in a
central database under a provision of a Senate bill to expand government
collection of personal data.
The measure was approved by the Senate Judiciary Committee last week
and is supported by the White House but has not gone to the floor for a
vote. The proposal goes beyond current law, which allows federal
authorities to collect and record samples of DNA only from those convicted
of crimes. The data are stored in an FBI-maintained national registry
law-enforcement officials use to aid investigations by comparing DNA from
criminals with evidence found at crime scenes.
Sponsors insist that adding DNA from people arrested or detained would
lead to prevention of some crimes and help solve others more quickly.
"When police retrace the history of a serial predator after he is
finally caught, they often find that he never had a prior criminal
conviction but did have a prior arrest," said Sen. Jon Kyl, R-Ariz. "That
means the only way they are likely to catch such a perpetrator after his
first crime — rather than his 10th — is if authorities can maintain a
comprehensive database of all those who are arrested, just as we do with
fingerprints."
Privacy advocates said the proposal is another step in expanding
government intrusion.
"DNA is not like fingerprinting," said Jesselyn McCurdy, a legislative
counsel for the American Civil Liberties Union (ACLU). "It contains
genetic information and information about diseases." She added that the
ACLU questions whether it is constitutional to put data from those who
have not been convicted into a database of convicted criminals.
The provision, co-sponsored by Kyl and Sen. John Cornyn, R-Texas, does
not require the government to automatically remove the DNA data of people
who are never convicted.
Instead, those arrested or detained would have to petition to have
their information removed from the database after their cases were
resolved.
Privacy advocates are especially concerned about possible abuses such
as profiling based on genetic characteristics.
"This clearly opens the door to all kinds of race- or ethnic-based
stops" by police, said Jim Dempsey, executive director of the Center for
Democracy and Technology, a think tank.
Originally,
the federal DNA database was limited to convicted sex offenders, who often
repeat their crimes. It was expanded to include violent felons. Several
states, including Virginia, also collect DNA from those arrested for
violent crimes.
"It's a classic mission-creep situation," said Jim Harper, a privacy
specialist with the Cato Institute, a libertarian think tank. "These guys
are playing a great law-and-order game ... and in the process creating a
database that could be converted into something quite dangerous."
Typically, DNA is taken from suspects via a swab of saliva. A DNA
"profile" — or unique numeric signature — is generated, which can be
stored without including private genetic information.
But privacy advocates said they are unclear how the growing number of
state and federal samples are being handled, recorded and
secured.