The landmark resource addresses related privacy and human rights concerns
The Office of the Information and Privacy Commissioner of Ontario has unveiled 12 guardrails guiding the police use of the investigative genetic genealogy tool in crime solving.
Described by the IPC as a “first-in-Canada public resource,” the guardrails address privacy and human right concerns that have been raised in relation to IGG. The tool has been used to identify people through genetic matches or partial matches to biological relatives based on genetic data obtained from crime scene samples and DNA databases.
However, the police are not beholden to comply with a clear legislative framework when using IGG; thus, individuals may be roped into police investigations just by virtue of sharing DNA with another person.
“Investigative genetic genealogy has the power to crack cold cases, bring closure to victims’ families, and even absolve the wrongfully convicted. But without clear legal rules, this new investigative tool can unduly broaden the scope of state surveillance and intrusion into the private lives of many innocent people,” said Patricia Kosseim, Ontario’s information and privacy commissioner, in a statement.
The IPC clarified that it did not necessarily endorse IGG’s use by the police, but its guardrails would help police avoid privacy and human risks and help them comply with legal obligations. The guardrails tackle lawful authority, necessity and proportionality, accountability, third party procurement, data minimization, retention, data security, controls for surreptitious DNA collection, transparency, access, public consultation, and ethical disclosure guidelines.
The IPC sought feedback from police services; government ministries; civil society and human rights organizations; academic researchers and lawyers; experts in forensic science, pathology, genomics, and bioethics; First Nations technology leaders; and privacy, human rights, and victims’ rights regulators in developing the guardrails.
“Until there is a clear law governing the use of this technology, my office is proposing a policy framework to help ensure police in Ontario use this technology responsibly and in a way that maintains public trust,” Kosseim said.
The “Guardrails for Police Use of Investigative Genetic Genealogy in Ontario” can be accessed here.
