Sep 182019
 September 18, 2019  Posted by  Laws, Non-U.S.

Read the Privacy Commissioner’s Submission to the New Zealand Law Commission on the Use of DNA in Criminal Investigations (Issues Paper 43). You can view it here.  Here’s a snippet:

1.18. In my view, a legitimate reason needs to be articulated for the State to collect and retain the DNA profiles of some people and not others. The incremental changes to the CIBS Act implemented over time mean there is a risk is that the scheme has become a de facto databank of those citizens who have come to the attention of the Police for a variety of reasons (where through being charged with an offence, being excluded as a suspect, being present in crime scene DNA analysis, or as a victim).

1.19. Function creep can intensify privacy intrusions and erode trust and confidence. Without proper safeguards there is a clear risk of gradual “creep” if DNA gathered for one law enforcement purpose ends up being used for a broader range of purposes than originally articulated or intended.

1.20. There appears to be a real risk of discriminatory impacts. As the Issues Paper notes, this has significant implications for Māori who are over-represented in the justice system. The DNA held in the databank is an available source for the investigation of future offences, regardless of the purpose for which it was originally collected.

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