Forensic genetics in the shadows

Abstract

This article examines the controversial practice of law enforcement agencies searching genetic samples obtained in health care settings, without a warrant or consent. While police have previously used public genealogy databases for this purpose, our article describes how they are now secretly accessing genetic information from newborn screening programs and medical tests. This raises ethical and legal concerns, blurring the line between health care and law enforcement. This, in turn, may discourage people from seeking important medical care due to distrust in the police and privacy concerns. To explore public attitudes on this issue, the authors conducted a study examining how lay people view the forensic use of clinical genetic data for different types of crimes. Our findings suggest that people take a utilitarian perspective, where they are more likely to support warrantless searches for serious and ongoing crimes but more likely to oppose these searches for more minor offenses like theft. However, regardless of public support, the little-known practice undermines trust in health care institutions and violates patient privacy. We recommend three legal reforms to restrict law enforcement access to clinical and public health genetic databases and to require explicit consent to forensic uses.