DNA Information, Collection, and Databases, What's the Harm? An Analysis of the Effects Supreme Court Rulings Under Fourth Amendment DNA Privacy Rights Have on Direct-to-Consumer Privacy Policy Regulations

Abstract

With new technology developments creating new ways to invade one’s privacy, privacy concerns have begun to be in the fore-front of policymaker’s minds. Most notably, recent scientific discoveries of the human genome sequence, allows law enforcement, and the private sector to reveal unique identifying information about yourself. This information should be considered one’s private property, however, federal regulations have not developed with society and law enforcement has taken advantage of these lack of regulation to impeach on citizens privacy while collecting DNA from suspects without warrants. These actions by law enforcement should be considered unconstitutional under Fourth Amendment. However, the United States Supreme Courts have ruled them to be constitutional. This is due to various interpretations on the Fourth Amendment rights, and the other interests that the Supreme Courts have in keeping law enforcements DNA collection procedures.

The rulings of the Supreme Court will provide a framework for Direct-to-Consumer Companies, which include companies such as, 23andMe, Ancestry.com, and Family Tree DNA to use their customer’s DNA with no privacy restrictions. This is done without the knowledge or consent of the customer, which has detrimental effects on customers privacy rights.

Public policy regulations will be offered on how the federal government can best restrict privacy intrusions within law enforcement practices of DNA collection, which will hopefully, filter into the private sector.