"There are important changes that can be made to safeguard privacy and rights without compromising the use of DNA in fighting crime," said GeneWatch spokesperson Dr Helen Wallace. "Controls on the database must be tightened to prevent a Big Brother state."
The DNA database allows the police to analyse and store DNA samples, usually taken from suspects in the form of a cheek swab or hairs. The resulting profile can then be checked for matches with samples collected at scenes of crime now and in the future.
Advances in technology and in the interpretation of results mean that crimes can be solved years after they actually took place.
The GeneWatch report confirms that the database of DNA profiles is a useful tool for criminal investigations but warns that these profiles can also be used to reveal family relationships (for example, non-paternity) and that stored DNA samples may contain personal information about some people's health.
The present system, says the report:
The group is calling for more public involvement, transparency and accountability in decisions about the DNA database, which currently contains DNA profiles from over two million people.
The group warns that changes in the law affecting England and Wales mean that the database will expand rapidly to include some five million people, many of whom will never have been convicted of any criminal offence.
The changes, which came into effect in April 2004, allow police to take DNA samples without consent from anyone who has been arrested for a recordable offence – which includes minor offences such as being drunk in a public place or taking part in a prohibited public procession – and to store the genetic data and samples, regardless of whether the person is charged or convicted.
Moreover, unlike the Police National Computer where criminal records pertaining to convicted murderers and rapists are kept permanently but many other records are removed after fixed time periods, records stored on the DNA Database are retained until after the individual's death.
Once on the DNA database, says GeneWatch, an individual's records are there indefinitely.
"There are real dangers in keeping people on the database for life, except when this is justified to protect the public. Within living memory, both fascist and communist governments in Europe have used personal records as a means of oppressing different populations", said Dr Wallace. "DNA is a powerful tool for tracing individuals and their families. Access to personal genetic information should be carefully controlled."
The report recommends:
The report opposes the idea of expanding the police DNA database to include the whole population, because of the potential to create a future police state. Instead it suggests that the data retention policy should mirror that used on the Police National Computer.
GeneWatch also warns that the priorities of the commercial companies that analyse DNA samples for the database may differ from the needs of the criminal justice system. For example, says the report, commercial priorities may include:
Permanent storage of DNA samples (which contain sensitive genetic information not needed for identification purposes). Companies supplying DNA profiles to the database are paid an annual fee to store the original DNA samples.
Undertaking genetic research using the samples and/or database, which may lead to new commercial opportunities. Controversial research to date includes attempts to use DNA profiles to predict ethnicity.
Expanding the use of new technologies, which claim to reveal more personal genetic information (such as genes linked to health, ethnicity, appearance or behaviour).
"Permanent storage of DNA samples; using the database for genetic research; and some new technologies significantly increase privacy concerns. Many of these developments bring marginal, if any, benefits in terms of tackling crime", said Dr Wallace. "A careful balance between crime detection, human rights and privacy would rule out most of these commercial practices."