DNA Cards – Vietnam

The story below is taken directly from the Vietnamese News Agency  – VeitNam News. The lack of commentary or protest is as concerning as the DNA cards themselves.

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HA NOI — People suffering from hereditary diseases may benefit from a DNA-testing programme that Viet Nam plans to introduce by 2010.

The programme, implemented by the Ha Noi-based Centre for Genetic Analysis and Technologies, would include ‘DNA cards’ that help in early detection of 10 of the most common hereditary diseases, said Le Dinh Luong, the centre founder and president of the Viet Nam Genetics Society.

“Each hereditary disease is a sign of one or more errors in DNA,” said Luong. “Today’s genetics technology can find these errors in each person, and warn them of the potential that they may acquire a certain disease.”

Luong said the programme would include personal DNA cards, which would be made following medical tests on patients. These cards will include advice on treatment and how to prevent or slow down diseases.

“DNA disease detection cards could be personalised to find remedies for each disease and each person,” said Luong.

“The final aim is to give an early diagnosis and improve prevention to boost living standards and longevity.”

The cards could even be used for three-month-old children in the womb. Obstetric experts said at this early period, doctors could take necessary intervention measures for disease treatment

A DNA disease detection card is expected to cost US$1,000. However, Luong said the cost would quickly drop as new technology becomes available. A similar fall in costs had occurred with Viet Nam’s DNA identity card. Luong said current DNA identity cards cost about VND3 million ($187), 180 times cheaper than initially thought.

DNA cards have become popular around the world, proving their obvious value,” said Luong

 

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Which other countires have DNA Cards?

 

 

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How Long is DNA Stored for?

Once DNA has been taken it is retained on the National DNA Database for 100 years, or until the Police request removal of a profile following notification of the death of the person to whom it relates.

Source: Home Office

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DNA Statistics for those not convicted (2006)

Legislation enables the police to take DNA and fingerprints from persons who have been arrested for, charged with, or informed they will be reported for a recordable offence and detained in a police station. Legislation also stipulates that the DNA or fingerprints can only be used for the purposes of prevention and detection of crime, the investigation of an offence, the conduct of a prosecution or, since April 2005, for the purposes of identifying a deceased person.

Following arrest for a specific offence it may be decided not to proceed with a case against a person. It may be more difficult to establish whether someone who has had their DNA or fingerprints taken is entirely innocent of any crime. This may be for a number of reasons; it may be determined that they were not involved, or it may be that there is not sufficient evidence to proceed with a case. It is also the case that a number of those charged with an offence may not be proceeded against at court, or may be acquitted by a court. In all of these cases there will be no official ‘sanction disposal’ (conviction, caution or other penalty), but ‘innocence’ is not always clearly established.

From records held on the National DNA Database and Police National Computer we know that from over 3 million people sampled, roughly:
124,000 people have been arrested and not proceeded against for that offence, and 200,000 have been arrested and charged with an offence but have been subsequently acquitted, not proceeded against or the charges have been dropped.

In each of these situations, a number of people have gone on to be linked to further offences:
From those arrested but not proceeded against for a specific offence, more than 2000 people have been linked to over 3000 other crimes, including around 40 murders and 90 rapes. For those arrested and charged but not convicted or otherwise determined to have committed that specific offence around 8500 have been linked to 14,000 other crimes – which include over 100 murders and 100 rapes.

Source: Home Office

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Low Copy Number DNA

During the Omagh trial the evidence from Low Copy Number (LCN) DNA was lambasted by Mr Justice Weir who said that the methoed of gathering was potentially unreliable and lacking validity.

Following this, in December 2007, the CPS immediately announced a review of the use of LCN  DNA, and the police said they would be halting the use of this technique, stating “an interim suspension of the use of LCN DNA testing service offered by the Forensic Science Service for future investigations”

In January 2008 a review of LCN DNA was completed by the CPS and they recommended the continue use of it.

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Scottish Police Call for an increase in DNA collection

Stephen House, the chief constable of Strathclyde has asked for the DNA of innocent people to be put on the Scottish DNA database. While this may sound like a ‘crazy Orwellian’ plan, the same system has been running in England for the past 9 years. Currently in the England the police can take DNA, after arrest and retain it, even if the individual has been found innocent, or never charged. However, Stratchclye police have since stated this was a misquote.

But its not the only time Scottish police have been called for extended powers: In 2005 the the deputy chief constable of Tayside police, Ian Gordon,  last called for new Scottish powers to allow an individual’s DNA sample to be retained on a national database, regardless of even if they have been convicted. Full Article

As the Scottish Government is currently discussing retaining DNA of children it seems likely that Stephen House was not entirely misquoted.

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Scotland is to store DNA of children

Scotland, whose DNA Database is far smaller than England’s (200,000 versus 4.2 million), is looking to increase the size of is database by changing the law to allow the storage of DNA from children convicted of serious crimes.

While the Scottish government is discussing only doing this for children convicted of serious offences, and for a limited time period it has been shown time and time again in England that once a law and power has been created, the government often extend its range and scope.

In fact just recently a senior Scottish police officer, has called for powers that allow the DNA of convicted and un-convicted people are collected.

This is despite the fact that a huge increase in database size does not increase the likelihood of detection, an increase in collection of samples at crime scene does, but increasing the amount of DNA on the database only has a limited effect.

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ACPO Position on Taking Samples of DNA for non-recordable offences: 2007

On August 2, 2007 Tony Lake the , ACPO lead on Forensics, Chair of the National DNA Database and Chief Constable of Lincolnshire Police stated that:

“ACPO has real concerns about the proposals to extend the taking of DNA and fingerprints for non-recordable offences such as speeding or dropping litter. ACPO maintains the position that any proposal to take DNA or fingerprints has to be reasonable and proportionate to the crime”

He also stated that  “It is important to remember that DNA is only one part of the investigation and that prosecutions are brought based on other evidence such as witness statements, CCTV footage etc.”

If the police have “concerns” about the collection of DNA data from non recordable offences, and the public do not want it, why are these laws being pushed through?

Source  – ACPO

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ACPO Guidelines for DNA Retention

On 24th April 2006 the Association of Chief Police Offices (ACPO) produced a memo in relation to the retention of DNA and similar records.

ACPO recognized that people would be requesting that their DNA, fingerprint and PNC records destroyed if they were innocent of any crime; ACPO stated that There is an increase in the number of requests being made to Chief Constables for the removal of DNA, fingerprints and PNC. This has been brought about by changes to PACE and a recent decision made in the Royal Courts of Justice by the Information Tribunal affecting the retention of criminal conviction history on PNC” and added Chief Constable are able to request the deletion of fingerprint, PNC, and DNA records of data they “own”, i.e data which their force processed.

ACPO even went as far as to define the occasions when DNA and fingerprints would be removed. The memo stated that:

Exceptional cases will, by definition, be rare. They might include cases where the original arrest or sampling was found to be unlawful. Additionally, where it is established beyond doubt that no offence existed, that might, having regard to all the circumstances, be viewed as an exceptional circumstance. For example where a dead body is found in a multi-occupancy dwelling and the cause of death is not immediately obvious. All the occupants are arrested on suspicion of murder pending the outcome of a post mortem. All arrested persons are detained at the local police station and samples taken. It later transpires that the deceased person died of natural causes. No offence therefore exists, and all persons are released from custody.

This memo comes after the 2005 ACPO Guidelines for Good Practice on DNA handling, where they simply state:

It is not necessary to destroy the DNA profile if an individual is arrested and subsequently cleared of the offence, or a decision is made not to prosecute (s.64, PACE, 1984). Therefore, profiles of DNA samples taken from individuals who are not prosecuted, released without charge, against whom proceedings are discontinued or who are acquitted will remain on the NDNAD and will be the subject of continuing searches. DNA samples are retained in cold storage at less than -15 degrees C by the laboratory that analysed them. They are used mainly for upgrading the profile with the most current profiling system and for quality assurance purposes.

In these guidelines ACPO make no mention, either way, about the ethics if deleting DNA of an innocent individual, probably something not deemed relevant at the time. Therefore surely the 2006 memo should take precedence? And, if deletion ‘where appropriate’ is the ACPO stated policy why are the UK government fighting the case of Marper and S in the ECHR , a case which if they lose will have major ramifications for the UK laws.

 

 

 

 

 

 

Select Committe Report: ICO

Following a call for evidence, by the House of Lords, for their investigation and report entitled “The Impact of Surveillance and Data Collection upon the Privacy of Citizens and their Relationship with the State several different bodies and individuals provided their expertise, including GeneWatch, the Royal Engineering Academy, and ARCH. On 8th July 2007 Richard Thomas of the ICO submitted a report to House of Lords on the issue. The full report is available here.

Highlights from the report include:

  • The commissioner believes that the risks of excessive surveillance are with us today.
  • The risks to individuals [privacy]….. are evident and positive action is required to ensure that these risks do not manifest themselves and that unwarranted harm does not occur.
  • The Commissioner proposes that the Committee gives particular consideration to the following measures:

    1. Mandatory privacy impact assessments by government departments.
    2. Requirements to have codes of practice in place for pro active information sharing in the public sector.
    3. Proper consultation with the Commissioner before significant new developments.
    4. Increased audit and inspection powers for the Commissioner.
    5. Effective penalties for serious disregard for the requirements of the data protection principles.

Select Committee Report: Action on Rights for Children

In 2007 the House of Lords made a call for evidence, as part of their privacy investigations, entitled “The Impact of Surveillance and Data Collection upon the Privacy of Citizens and their Relationship with the State several different bodies and individuals provided their expertise. One of these was the Action on Rights for Children  – ARCh

ARCH’s conclusions were very similar to those others who submitted reports, including the Royal Academy of Engineering, and GeneWatch, where they clearly stated that the balance of privacy of the individual versus surveillance by state, had clearly moved in the direction of the state.

Some of the highlights of the report are:

  • The position of the private individual who is not interfered with by the State unless he transgresses (or, in the case of children, is at risk of significant harm) is being turned on its head by data collection and surveillance.
  • It has  been estimated [in 2007] that, at a minimum, the DNA profiles of 100,000 children who have not committed any offence are held on NDNAD. This potentially places these children under suspicion whenever a positive DNA match is made at a crime scene.
  • As police are likely [to access  a variety of the recently created databases about children – possibly including  ContactPoint and Common Assessment Framework. This site has found confirmed that the police have used the databases, designed to protect children and assist them in times of difficulties, arrest them when they (the children) are attend counseling sessions and the like.
  • As the police will often recover DNA from a crime scene (that may not be that of an offender, but of a witness or passer by), they will be able to compare that DNA they have recovered with their own profile. If that DNA profile matches, they will be able to look at the details of the suspect and compare that with the other database records they have, as mentioned above. They can then draw a rather negative image of a child, even though this individual may never have been arrested or convicted of a crime.  The DNA “evidence” combined with the information on the databases (which is input derived mainly from untrained individuals opinions of the children), are likely to set in place assumptions that will effect the polices attitude, which will in-turn effect the investigation and the treatment of an individual.

Action on Rights for Children Report

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