Global DNA Databasing Policy: Annual Legislative Update

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Global DNA Databasing Policy Annual
Legislative Update DNA Interoperability Policy
Presented by Tim Schellberg, President
GORDON THOMAS HONEYWELL Governmental
Affairs Washington, DC (202)
258-2301 Tacoma, WA [phone]
Asian Forensic Sciences Network 2010 Annual
Meeting SymposiumBrunei1-3 June 2010
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Washington, DC Tacoma, Washington
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Why Offender DNA Databases?

• SOLVE MORE CRIME
• PREVENT MORE CRIME
• EXONERATE THE INNOCENT
• COST / BENEFIT

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Have Your Lawmakers Created Robust Database
Policy?Offender Database Size Controls the Hit
Rates

• Estimates
• Sex offenders 5
• Sex offenders Violent offenders
  10
• Sex offenders, Violent offenders and Property
  crimes 20
• All crimes 45
• All arrestees 60

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Politics of DNA Databases

• Decisions controlled by top Government officials.
  Legislation required in most countries.
• Crime Control vs. Privacy

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The World is Positioning for Explosive Growth of
Offender DNA Database Programs

• 2000 6 of the worlds population has passed
  and implemented offender DNA database
  legislation/policy (United States and United
  Kingdom)
• 2010 30 of the worlds population has passed
  and implemented offender DNA database
  legislation/policy
• Largest countries added between 2000 and 2010
  China, Germany, France and Spain
• 2015 60 of the worlds population will have
  passed and implemented offender DNA database
  legislation/policy.
• Largest countries with offender DNA database
  Legislation/Policy positioned to be passed and
  implemented by 2015 India, Brazil, Russia, and
  many Asian countries
• How many total samples will there be in 2015 or
  2020?
• 2010 20 million 50 from the US and UK

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????North America Central America South
America Europe Middle East Africa
Asia Australia Oceania????
Global Legislative Update
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International.DNAresource.com

• Comprehensive and up-to-date information on DNA
  database programs worldwide.
• Color-coded for easy recognition of database
  status
• Country profiles include DNA database criteria
  and technical specifics
• Continuously updated resources to include laws,
  amendments, news articles, and other external
  information

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NORTH AMERICA
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United States
Legislative focus on changing laws from convicted
offenders to arrestees

• Until recently the United States focused just on
  convicted offenders
• In 2004 only 3 states collected DNA from arrested
  criminals
• Today, 23 states collected DNA from arrested
  criminals
• Laws allow for profile destruction if not
  convicted Compare to the United Kingdom law.
• President Obama announces support of arrestee
  testing. New federal legislation to promote
  arrestee testing in the states

http//link.brightcove.com/services/player/bcpid70
069263001?bclid69917219001bctid70456124001
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EUROPE
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Europe

• Legislation passed in the last 12 months
• Italy - Convicted offenders Passed June 2009
• Greece Convicted offenders Passed August 2009
  
• Macedonia - Convicted and arrested offenders
  Passed August 2009
• Whos Next?
• Ireland
• Belarus
• Czech Republic
• Lithuania

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• Arrestee policy
• European Court of Human Rights strikes down UK
  policy of permanent retention
• New coalition government in UK is headed towards
  destruction policy
• Big implications for all other European
  Countries
• Prüm
• Implementation of Prüm is primary focus in Europe

UK Prime Minister, David Cameron Deputy Prime
Minister Nick Clegg
European Court
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ASIA
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Asia

• Aggressive expansion in offender DNA databasing
• Large Countries have begun or will soon begin
  offender testing
• China (20 of world population), India (17 of
  world population), Japan (1.9 of world
  population), South Korea (.73 percent of world
  population)
• Who is next?
• India
• Legislation positioned to pass in 2010
• Priority for new leadership
• Thailand
• Legislation being drafted.
• CODIS being Considered
• Vietnam
• Offender database policies being developed
• CODIS being considered

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AFRICA
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Africa

• Mauritius
• Passed June 2009
• Who is next?
• South Africa
• Nigeria
• Kenya
• Ghana

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SOUTH AMERICA
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South America

• Chile - Legislation passed in 2009
• Limited to violent convicted offenders
• Implementation expected soon
• Brazil
• Worlds second largest installation of CODIS (16
  locations) - May 17, 2010
• Databasing legislation expected in late 2010
•  

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Summary of Key International DNA Database Policy
Issues

• Arrestee Databases
• Arrestee Sample Profile Destruction
• Familial Searching
• Significant benefits - UK has used it 185 times
  and has solved 33 serious crimes
• Privacy concerns causing limited use

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The Prüm Treaty A lesson in International
Forensic Cooperation
Prüm, Germany (Western Germany)Treaty signed
May, 2005

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What Is the Prüm Treaty?

• Cross-Border Cooperation to Automate the Exchange
  of
• DNA
• Fingerprints
• Vehicle registrations
• Policy Objectives
• Increase cross-border cooperation
• Combat terrorism
• Reduce illegal migration

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What is the Prüm Treaty (Contd)

• No central database will exist
• Each national database will only be compared
  against each other
• Policy The EU is organized to maintain a strong
  sense of independent national sovereignty in
  criminal justice matters.
• Hits in Prüm
• Daily hit report No personal data
• Personal data only shared after going through
  legal assistance procedures
• Policy
• Governments very protective of citizen data
• Law enforcement and judicial difference between
  countries

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Who Will Participate?

• Treaty Originally signed by
• Austria, Germany, the Netherlands, Luxemburg,
  Belgium, France, and Spain
• Early cross-border tests between Netherlands,
  Austria and Germany established the momentum for
  Prüm
• European Union (EU) coverts Prüm Treaty into EU
  mandate - Council Decision 2008/615616/JHA -
  June 2008
• All 27 Countries of the EU
• Implementation mandate by August, 2011
• Non-EU European Countries Switzerland, Norway,
  Liechtenstein and Iceland permitted to join Prüm
• FBI Develops CODIS 7.0 with Prüm in mind

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How Prüm Works

Joint development by Germany, Austria, and the
Netherlands
Credit Dr. Kees van der Beek
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How Prüm Works (Contd)
TESTA Network
Credit Dr. Kees van der Beek
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Prüm Inclusion Rules

• At least 6 of the 7 ESS-Loci for known persons
• ESS European Standard Set European agreement
  to use 7 common Loci adopted by the European
  Network of Forensic Science Institutes (ENFSI) in
  1999 Expanded to 12 loci in 2009
• At least 6 loci for crime scene stains
• No mixed profiles (only 2 values per locus)
• No profiles that a country does not want to make
  available (e.g. Elimination samples, suspect
  samples, etc.)

Credit Dr. Kees van der Beek
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Prüm Matching Rules

• At least 6 fully matching loci
• 1 mismathcing allele allowed (near match)
• 1 basepair difference allowed (microvariants)

Credit Dr. Kees van der Beek
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Adventitious Matches An expected consequence of
Prüm

• ESS of 7 loci was created for smaller separate
  individual DNA database searches
• Prüm creates searching in multiple databases that
  could exceed tens of millions
• Result Numerous adventitious matches will occur

Example Netherlands - Germany Search Comparing
20,000 Dutch casework samples against 500,000
German database samples will lead to over 100
adventitious matches many more when compared to
all of Europe
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Adventitious Matches (Contd)

• Long-Term Fix
• ESS for loci raised from 7 to 12
• Little impact on adventitious matches in the
  short-term
• EU policy
• Expect adventitious matches.
• Do not assume a true hit unless other types of
  evidence exists

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Prüm Lessons Learned for Asia

• ENFSI EU have a long history of collaborating
  and developing forensic standards.
• HOWEVER, ENFSI or the EU did not envision large
  automated European wide sharing when choosing 7
  loci as the original ESS.

• ASIA ADVANTAGE
• Large scale databasing is just now starting.
• Asian Forensic Science Network, and the Regional
  East Asia Forensic DNA Workgroup have organized
  to create the forum for discussion.

• PRÜM AS A MOTIVATOR
• How cross-border automated sharing can work.
• Caution - Plan for the future
• Collect from a large standard set of loci.
• Develop database standards that make future
  cross-border searching interoperable and
  efficient.

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Acknowledgements

• We would like to thank the following individuals
• Dr.Ir. C.P. (Kees) van der Beek, MBA
• Custodian, Dutch DNA-databaseEuropean Network
  of Forensic Science Institutes
• Peter SchneiderInstitute of Legal
  MedicineUniversity Hospital of Cologne, Germany

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Thank You
www.dnaresource.com tims_at_gth-gov.com