Global DNA Databasing Policy Annual Legislative Update DNA
Global DNA Databasing Policy: Annual Legislative Update & DNA Interoperability Policy Presented by: Asian Forensic Sciences Network 2010 Annual Meeting & Symposium Brunei 1 -3 June 2010 Tim Schellberg, President GORDON THOMAS HONEYWELL Governmental Affairs Washington, DC (202) 258 -2301 Tacoma, WA (253) 620 -6500
Washington, DC Tacoma, Washington
Why Offender DNA Databases? P SOLVE MORE CRIME P PREVENT MORE CRIME P EXONERATE THE INNOCENT P COST / BENEFIT
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%
Politics of DNA Databases n n Decisions controlled by top Government officials. Legislation required in most countries. Crime Control vs. Privacy
The World is Positioning for Explosive Growth of Offender DNA Database Programs 2000 2010 ~ 6% of the world’s population has passed and implemented offender DNA database legislation/policy (United States and United Kingdom) ~ 30% of the world’s 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 world’s 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 Ø How many total samples will there be in 2015 or 2020? 2010 – 20 million – 50% from the US and UK
Global Legislative Update ●●●● North America Central America South America Europe Middle East Africa Asia Australia & Oceania ●●●●
International. DNAresource. com n. Comprehensive and up-todate information on DNA database programs worldwide. n. Color-coded for easy recognition of database status n. Country profiles include DNA database criteria and technical specifics n. Continuously updated resources to include laws, amendments, news articles, and other external information
NORTH AMERICA
United States Legislative focus on changing laws from convicted offenders to arrestees n Until recently the United States focused just on convicted offenders n In 2004 only 3 states collected DNA from arrested criminals n Today, 23 states collected DNA from arrested criminals n Laws allow for profile destruction if not convicted – Compare to the United Kingdom law. n President Obama announces support of arrestee testing. New federal legislation to promote arrestee testing in the states http: //link. brightcove. com/services/player/bcpid 70069263001? bclid=69 917219001&bctid=70456124001
EUROPE
Europe n 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 n Who’s Next? Ireland Belarus Czech Republic Lithuania
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 European Court Prüm • Implementation of Prüm is primary focus in Europe UK Prime Minister, David Cameron & Deputy Prime Minister Nick Clegg
ASIA
Asia n Aggressive expansion in offender DNA databasing ¨ Large Countries have begun or will soon begin offender testing: n n 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 n n ¨ Thailand n n ¨ Legislation positioned to pass in 2010 Priority for new leadership Legislation being drafted. CODIS being Considered Vietnam n n Offender database policies being developed CODIS being considered
AFRICA
Africa Mauritius • Passed June 2009 § Who is next? South Africa Nigeria Kenya Ghana
SOUTH AMERICA
South America Chile - Legislation passed in 2009 ¨ ¨ Limited to violent convicted offenders Implementation expected soon Brazil ¨ ¨ World’s second largest installation of CODIS (16 locations) - May 17, 2010 Databasing legislation expected in late 2010
Summary of Key International DNA Database Policy Issues n Arrestee Databases n Arrestee Sample Profile Destruction n Familial Searching ¨ Significant benefits - UK has used it 185 times and has solved 33 serious crimes ¨ Privacy concerns causing limited use
The Prüm Treaty A lesson in International Forensic Cooperation Prüm, Germany (Western Germany) Treaty signed May, 2005
What Is the Prüm Treaty? n Cross-Border Cooperation to Automate the Exchange of: DNA ¨ Fingerprints ¨ Vehicle registrations ¨ n Policy Objectives: Increase cross-border cooperation ¨ Combat terrorism ¨ Reduce illegal migration ¨
What is the Prüm Treaty (Cont’d) n 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. ¨ n Hits in Prüm Daily hit report – No personal data ¨ Personal data only shared after going through legal assistance procedures ¨ Policy: n Governments very protective of citizen data n Law enforcement and judicial difference between countries ¨
Who Will Participate? n 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 ¨ n European Union (EU) coverts Prüm Treaty into EU mandate - Council Decision 2008/615&616/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 n FBI Develops CODIS 7. 0 with Prüm in mind
How Prüm Works Joint development by Germany, Austria, and the Netherlands Credit: Dr. Kees van der Beek
How Prüm Works (Cont’d) TESTA Network Credit: Dr. Kees van der Beek
Prüm Inclusion Rules n 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 n At least 6 loci for crime scene stains n No mixed profiles (only 2 values per locus) n No profiles that a country does not want to make available (e. g. Elimination samples, suspect samples, etc. ) Credit: Dr. Kees van der Beek
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
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
Adventitious Matches (Cont’d) § Long-Term Fix ¨ ESS for loci raised from 7 to 12 ¨ Little impact on adventitious matches in the short-term § EU policy: o Expect adventitious matches. o Do not assume a true hit unless other types of evidence exists
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.
Acknowledgements n We would like to thank the following individuals: ¨ Dr. Ir. C. P. (Kees) van der Beek, MBA Custodian, Dutch DNA-database European Network of Forensic Science Institutes ¨ Peter Schneider Institute of Legal Medicine University Hospital of Cologne, Germany
Thank You www. dnaresource. com tims@gth-gov. com
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