That’s why University of Maryland law professor Natalie Lamb warns that while families of missing loved ones may be desperate for answers, which DNA database they choose is critical. Strict state and national laws govern how CODIS data is used. Family reference samples collected for the purpose of identifying missing persons cannot be used in other types of criminal investigations.
However, outside of a few states, consumer DNA databases are largely unregulated, and terms and conditions are subject to change at any time. Currently, both FamilyTreeDNA and GEDmatch allow law enforcement agencies to upload DNA profiles. (AncestryDNA and 23andMe prohibit this practice.) FamilyTreeDNA automatically makes new users’ profiles available for these searches, but customers can opt out later. GEDmatch requires users to actively opt-in. Users can choose to include all law enforcement searches or only those involving body identification.
Lam says consenting to such searches means users are opting in not just themselves, but also their immediate and even distant genetic relatives. Even someone who has never committed a crime could be questioned because she shares some of her DNA with the suspect. People always leave traces of DNA behind, and genetic information found at a crime scene doesn’t necessarily come from the perpetrator.
“If I had a missing loved one, I would feel more comfortable contributing to the Missing Person Family Reference Sample component of CODIS because CODIS is very protected and has very limited use. ,” says Lam.
There is also a risk that by taking a consumer DNA test, the user may learn information about their family that they would not otherwise want to know.
Handing over DNA samples for CODIS to police can also be risky. Albert Sher, a law professor at the University of New Hampshire, said law enforcement may use a person’s DNA for purposes other than solving missing persons cases. “Historically, once police somehow get someone’s DNA, they don’t give it up,” Shah said.
Some state and local law enforcement agencies Established “rogue” DNA databases Those that operate outside of federal regulation. These databases may contain DNA profiles of people who have been arrested or questioned but not convicted, including minors and victims. In one recent case, San Francisco law enforcement used a DNA sample provided by a rape victim to later link her to another crime.
Michelle Clark, a death investigator with the Connecticut Office of the Chief Medical Examiner, told WIRED that the DNA samples collected will only be used to solve missing person cases. At the event, Glynn and his public servants also discussed the risks of consumer databases and their various privacy settings. “We want every member of the public who utilizes one of these kits to have complete control over their DNA, their data, and what they want to do or not do with it. , we wanted to make sure we had complete autonomy,” she says.