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'DNA theft': new crime in the UK

Nature Reviews Genetics volume 4, page 584 (2003)Cite this article

The justification lies partly in the desire of the government to respond to adverse public perceptions and to address lacunae in the law. Although it would be an assault to remove material from the body of an individual, it is not illegal, at present, to make use of genetic material left behind at a scene. Also, de-encrypting anonymized genetic information might have implications under the Data Protection Act, but only if the data make an individual identifiable. Moreover, paternity testing raises the issue of balancing the interests of the man and the child; legal responses have been uneven so far, and the possibility of abuse has been heightened by internet access to paternity-test kits.

Each of these scenarios has serious implications for individual privacy, which has received suprisingly little protection in British law. The harm from illegally generated genetic information could be compounded if it fell into the wrong hands, such as insurers or employers who might use it for discriminatory purposes. Concerns about genetic privacy have dominated legislation on genetics worldwide, often leading to tough action3. For example, the Australian Law Reform Commission also recently recommended a new offence for testing DNA without consent4.

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References

  1. Department of Health. Our Inheritance, Our Future: Realising the Potential of Genetics in the NHS Cm 5791–II (June 2003)

  2. Human Genetics Commission. Inside Information: Balancing Interests in the Use of Personal Genetic Data (May 2002)

  3. Laurie, G. T. Genetic Privacy: A Challenge to Medico-Legal Norms (Cambridge Univ. Press, Cambridge, UK, 2002)

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  4. Australian Law Reform Commission. Essentially Yours: The Protection of Human Genetic Information in Australia (May 2003)

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Authors and Affiliations

  1. AHRB Research Centre in Intellectual Property and Technology Law,

    Graeme Laurie

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  1. Graeme Laurie
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Laurie, G. 'DNA theft': new crime in the UK . Nat Rev Genet 4, 584 (2003). https://doi.org/10.1038/nrg1145

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