As part of a job application last month I wrote a draft blog post about DNA legislation. I thought I would put it here for posterity’s sake:
Last month the United States Supreme Court made a ruling that was in direct opposition to the European Court of Human Rights. The ruling, bought by the case ‘Maryland vs King’, was in regard to the collection of DNA of those in custody. It held that ‘taking and analyzing a cheek swab of the arrestee’s DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment’. In contrast, the case ‘S and Marper v United Kingdom’, brought to the European Court of Human Rights in 2008, ruled that DNA collection of those in custody was in direct breach of Article 8 of the European Convention on Human Rights, which guarantees ‘the right to respect for his private and family life, his home and his correspondence’. In the ruling the
European Court said Article 8 ‘would be unacceptably weakened if the use of modern scientific techniques in the criminal justice system were allowed at any cost and without carefully balancing the potential benefits of the extensive use of such techniques against important private-life interests’. This disagreement between the courts highlights the ethical ambiguities that have arisen from the widespread adoption of DNA databases in the last 15 years. Where should we draw the line between the state’s duty to maintain law and order and the individual’s right to privacy?