Forced DNA Collection Without Search Warrant Violates Privacy Rights

EFF Urges Appeals Court to Block Unconstitutional Federal Law

The forced collection of DNA samples from arrestees without search warrants violates their Fourth Amendment right to privacy, the Electronic Frontier Foundation (EFF) told a federal appeals court in an amicus brief filed Monday.

A federal law mandates DNA collection as a condition for bail for people who have been arrested for felonies. The FBI receives the DNA samples, conducts an analysis, and places a profile into CODIS, a national database. Those who are not eventually convicted of a crime must make a request if they want their information removed from the FBI’s system, while the data collected without cause from other individuals remains permanently. In its amicus brief filed with the 9th U.S. Circuit Court of Appeals, EFF argues that this collection and storage is unconstitutional, violating the Fourth Amendment prohibition on baseless search and seizure of private information.

“DNA reveals an extraordinary amount of private information about you—your family background, your current health, your future propensity for disease, and possibly even your behavioral tendencies,” said EFF Staff Attorney Hanni Fakhoury. “This data is bound to get even more sensitive as technology advances and we learn more about DNA.”

The widespread data collection mandated by this unconstitutional law was upheld by a three-judge panel from the 9th Circuit. If the law is not struck down by the en banc court, it could open the door to other expansions of warrantless DNA collection.

“The government is collecting these genetic profiles without warrants and storing them in a database freely accessed by federal and state law enforcement agencies across the country,” said EFF Staff Attorney Jennifer Lynch. “We urge the 9th Circuit to reverse the opinion and strike down this sweeping law.”

The Center for Constitutional Rights, the National Immigration Project of the National Lawyers Guild, and Generations Ahead joined EFF in Monday’s amicus brief.

For the full amicus brief in US v. Pool: US v. Pool Brief

Contacts:

Hanni Fakhoury
Staff Attorney
Electronic Frontier Foundation
hanni@eff.org

Jennifer Lynch
Staff Attorney
Electronic Frontier Foundation
jlynch@eff.org

Re-published from eff.org under the Creative Commons License

Advertisements

Activist, Unplugged from the Matrix. Action for Freedom!

Tagged with: , , , , , , , , , , ,
Posted in Human Rights

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Enter your email address to follow this blog and receive notifications of new posts by email. You have full control over the frequency of emails you receive, and you can unsubscribe at any time. We will NOT share your email address with anyone, ever!

Join 737 other followers

Member of The Internet Defense LeagueBloggers' Rights at EFF
%d bloggers like this: