I recently wrote about two different “cold cases” where
murderers allegedly have been identified and arrested by using
information found on the publicly-available genealogy DNA site at
GEDmatch.com.

Privacy
advocates and many others have since questioned the legality of using
the information for law enforcement purposes. Admittedly, the
information is publicly available for all to see. The genealogists who
contributed the information did so willingly and presumably gave
permission for the family DNA to be available to all. However, the
relatives of the uploading genealogists may or may not have given
permission for
THEIR personal DNA information to be
made available to the public. After all, it isn’t the DNA of any one
individual; it is indeed the family’s DNA information. Not all family
members have agreed to having that information made available to
genealogists, law enforcement personnel, insurance companies, and
worldwide hackers alike.
In the past, a court order was required for law enforcement personnel
to legitimately invade the privacy of an individual or a family. The
public information made available on
GEDmatch
seems to circumvent the legal protections of having a judge review the
intent of law enforcement personnel. Are we giving up some of our
liberties and privacy protections by making such information available?
There is also an issue of having law enforcement personnel use the
information only for legitimate criminal investigations. One of the
alleged murderers, commonly referred to as the Golden State Killer,
reportedly was a uniformed police officer at the time he allegedly
committed the rapes and murders. If GEDmatch had been available, would
he have used the information on the web site to avoid identification and
arrest? Indeed, GEDmatch theoretically could be used by murderers and
others to evade capture.
You can find dozens of online article questioning the wisdom of
making such information public. I’ll point to one such article by
Carolyn Crist on the
Reuters News Service web site at
https://reut.rs/2szWHUq
as one that describes the pros and cons of the issue. However, you can
find many more articles about this issue by starting at any
general-purpose Web search engine.
Perhaps the best quote of the article is, “‘Think carefully before
uploading your genealogy data,’” said Benjamin Berkman, who heads the
section on the ethics of genetics and new technologies at the National
Institutes of Health’s Department of Bioethics in Bethesda, Maryland.
‘We’re not saying it’s unduly risky or a bad idea, but be comfortable
with the idea that police may use your information to solve crimes
before you sign up for these services.'”
My thanks to the many newsletter readers who sent me links to articles about these issues.
That article just about sums up all the problems and
opportunities for both the potential advantages of DNA testing and abuse
of information and power in all of this. Collecting discarded items to
get DNA (and other things) from people. Trying people in the media.
Criminals in public service positions. Politicians making statements
about protecting the public…and not (apparently) actualy doing anything
substantive but get their name and high sounding words in the media
(remember…”do it for the children”) and police not having the right
suspect. And for those who would prefer not to acknowledge it, there are
plenty of Judges who make some decisions based on political or
ideological reasons for which there is little recourse or accountability
under the Judicial System.
Ok help me here. How could this be done? Even theoretically?